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NORTH CAROLINA
REGISTER
VOLUME 12 • ISSUE 17 • Pages 1606 - 1691
March 2, 1998
IN THIS ISSU5
Executive Orders
Administration
Agriculture
Commerce
General Contractors ; : '
Environment and Natural Resources
Health and Human Services
Insurance
Justice
Labor
Medical Examiners
Nursing, Board of
Public Education
Revenue
Rules Review Commission
Contested Case Decisions
\
PUBLISHED BY
The Office of Administrative Hearings
Rules Division
PO Drawer 27447
Raleigh, NC 2 761 1- 7447
Telephone (919) 733-2678
Fax (919) 733-3462
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-1 1.13
For those persons that ha\-e questions or concerns regarding the Administrative Procedure Act or any of its
components, consult with the agencies below; The bolded headings are t>pical issues which the given agency
can address, but are not inclusive.
i
Rule Notices. Filings. Register. Deadlines. Copies of Proposed Rules, etc.
Office of Ad.mmisirame Hearings
Rules DiMSion -,.,;■•--.,,-•..,
Capehart-Crocker House (919) 733-2678:r"\ ^^^-C;X>.
424 North Blount Street _^,,..-. ;;■ <919).73^
Raleieh. North Carolina 2 "60 1 -28 17 :::■-;"■--""""" ■■■■'-;:;.::;••-......
contact NfoUy Masich. Director .APA Services
Rubv Creech. Pubhcations Coordinator
Fiscal Notes «& Economic Analysis
Office of State Budget and Management
.■ 1 16 West Jones Street
:' ' Raleigh. North Carolina 2^603-8005 ■
. contact: Nfark Sisak. Economist III
; ? Anna Tefft. Economist II
mmasich a oah. state ncus
rcreech a oah. state, ncus -;"
(919> 733-7061
(919) 733-0640 F.AX
msisakSosbm statenc.us
atefft.a osbm. state. nc.us
Rule Review and Legal Issues ;|
Rules Re\ lew Commission % ,1
:;i W30^ Glemvood Ave. Suite 159
\\ ■; Raleigh. North Carolina 2"605
\\ contact: Joe DeLuca Jr . Staff Director Counsel
\\\ T' Bobbv Brsan. Staff Attorney
C919')"33-2"21
(919) 735-9415 FAX
Legislative Process Concerning Rule Making
Joint Legislati\"e .Admmistraiuc Procedure Oersight Committee
545 Legislati\e Office Building
300 North SaUsbur. Street (919) "733-2578
Raleigh. North Carolina 276 II (919) 715-5460 FAX
contact Man Shuping, Staff Liaison
mars s a ms ncea state nc us
County and Municipality Go\ernment Questions or Notification
NC .Association of Count} Commissioners
215 Nonh Dawson Street (919) "15-2893
Raleigh. Nonh Carolina 2"603
contact: Jim Blackburn or Rebecca Troutman
NC League of Municipalities
2 1 5 North Da%\ son Street
Raleigh. North Carolina 2"603
contact: Paula Thomas
(919) "15-4000
This publication is primed on permanent, acid-free paper in compliance with G.S. 125-11.13
NORTH CAROLINA
REGISTER
IN THIS ISSUE
)
Volume 12, Issue 17
Pages 1606 - 1691
March 2, 1998
This issue contains documents officially filed
through February 9, 1998.
Office of Administrative Hearings
Rules Division
424 North Blount Street (27601)
PO Drawer 27447
Raleigh, NC 27611-7447
(919) 733-2678
FAX (919) 733-3462
Julian Mann III, Director
Bradley Buie, Acting Deputy Director
Molly Masich, Director of APA Services
Ruby Creech, Publications Coordinator
Jean Shirley, Editorial Assistant
Linda Richardson, Editorial Assistant
I. EXECUTIVE ORDERS
Executive Orders 128-129 1606 - 1607
II. PROPOSED RULES
Environment and Natural Resources
Wildlife Resources Commission 1608 - 1610
Revenue
Individual Income Tax 1610
Motor Fuels Tax 1610
III. TEMPORARY RULES
Administration
Purchase and Contract 161 1 - 1616
Environment and Natural Resources
Departmental Rules 1617 - 1619
Health and Human Services
Governor Morehead School 1616 - 1617
IV. APPROVED RULES 1620 - 1661
Agriculture
Plant Industry
Veterinary Division
Commerce
Community Assistance
Environment and Natural Resources
Coastal Management
Environmental Management
Health Services
Soil and Water Conservation Commission
Water Pollution Control Systems Operators Certification
Health and Human Services
Commission for Mental Health, Developmental
Disabilities and Substance Abuse Services
Facility Services
Insurance
Life and Health Division
Justice
Sheriffs' Education and Training Standards Commission
Labor
Migrant Housing
Licensing Boards
General Contractors
Medical Examiners
Nursing Board
Public Education
Elementary and Secondary Education
V. RULES REVIEW COMMISSION 1662 - 1665
VI. CONTESTED CASE DECISIONS
Index to ALJ Decisions 1666 - 1676
Text of Selected Decisions
96 OS? 1 157 1677 - 1681
97 DHR 0552 1682 - 1684
97 OSP 0594 1685 - 1690
VH. CUMULATIVE INDEX 1-79
i
The North Carolina Register is published semi-monthly lor $195 per year by the Office of Admmistrative Heanngs. 424 North Blount Street, Raleigh.
NC 27601. Application to mail at Penodicals Rates is pending at Raleigh. NC. NC POSTMASTER: Send Address changes to the OAWNorth
Carolina Register. PO Drawer 27447. Raleigh. NC 27611-7447
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EXECUTIVE ORDERS
EXECUTIVE ORDER NO. 128
DESIGNATING THE YEAR OF THE VOLUNTEER
WHEREAS, North Carolina's volunteers are among
the state's most valuable assets; and
WHEREAS, North Carolina's volunteers g^'eatly
enhance the quality of life for the people of North Carolina,
especially children and youth; and
WHEREAS, North Carolina's volunteers merit praise
for their efforts to address the state's unmet educational, social,
environmental and public safety needs; and
WHEREAS, the immense value of connecting
communities and various groups within communities through
volunteerism and community service deserves recognition; and
WHEREAS, partnerships involving businesses, civic
groups, non-profit organizations, religious organizations and
governmental agencies are continually needed to meet new and
ongoing challenges facing communities today; and
WHEREAS, young people need mentors to offer
guidance and encouragement and to assist children and youth in
developing the skills to successful in all walks of life; and
WHEREAS, increased citizen involvement and a
greater diversity of volunteers is necessary to solve community
problems; and
WHEREAS, it is important that the objectives of the
Presidents' Summit for America's Future and the Governor's
Summit on America's Promise and Volunteerism be met.
NOW, THEREFORE, by the power vested in me as
Governor by the laws and Constitution of North Carolina, IT
IS ORDERED:
1998 is hereby designated as the Year of the
Volimteer. The Governor's Office of Citizen and Community
Services and the North Carolina Commission on National and
Community Service shall be designated to assist communities
in developing and strengthening volunteer initiatives.
This Order shall be effective immediately and expire
on December 3 1 , 1998.
Done in Greensboro, North Carolina, this 21st day of
January, 1998.
EXECUTIVE ORDER NO. 129
GOVERNOR'S TASK FORCE ON DRIVING WHILE
IMPAIRED
WHEREAS, the operation of motor vehicles on our
highways by persons while impaired constitutes a serious threat
to the health and safety of our citizens; and
WHEREAS, a large portion of the fatal accidents on
our highways are alcohol related; and
WHEREAS, the Governor's Highway Safety Initiative
through the "Booze It and Lose It" program has made driving
while impaired a major area of emphasis; and
WHEREAS, the State of North Carolina must consider
strong measures designed to deter and prevent the operation of
motor vehicles by persons while impaired;
NOW, THEREFORE, by the power vested in me as
Governor by the laws and Constitution of North Carolina, IT
IS ORDERED:
Section L Establishment.
The Governor's Task Force on Driving While
Impaired is reestablished. The Task Force shall be an ad hoc
committee of the Governor's Highway Safety Commission.
The Task Force shall be composed of not more than thirty-five
members appointed by the Governor to serve at the pleasure of
the Governor. The Governor shall designate one of the
members as Chair and one as Vice Chair. The members of the
Governor's Highway Safety Commission shall be ex
officio, voting members of the Task Force. Additional
members shall include, but not be limited to representatives of
law enforcement, the judicial system and the General
Assembly.
Section 2^ Meeting s.
The Task Force shall meet regularly at the call of the
Chair and may hold special meetings at any time at the call of
the Chair, or the Governor. The Task Force is authorized to
conduct public hearings.
.Section 3. Expenses.
Members of the Task Force shall be reimbursed for
such necessary travel and subsistence expenses as are authorized
by N.C.G.S. 138-5. Funds for reimbursement of such
expenses shall be made available from funds authorized by the
Governor's Highway
Safety Program.
Section 4^ Duties.
The Task Force shall have the following duties:
(a)
(b)
(c)
(d)
Review the General Statutes of North
Carolina applicable to driving while
impaired;
Review proposals in other states designed to
deter driving while impaired;
Consider proposals for North Carolina;
Recommend actions to reduce driving while
impaired; and
12:17
NORTH CAROLINA REGISTER
March 2, 1998
1606
EXECUTIVE ORDERS
(e) Other such duties as assigned by the Chair or
the Governor.
Section 5^ Reports.
The Task Force shall present an interim repon to the
Governor no later than May 1 1, 1998 and a final report no later
than January 10, 1999. The Task Force shall be dissolved
when its final report is presented to the Governor.
This Order shall be effective immediately.
Done in the Capital City of Raleigh, Nonh Carolina,
this 4th day of February, 1998.
1607 NORTH CAROLINA REGISTER March 2, 1998 12:17
PROPOSED RULES
Tills Section contains the text of proposed rules. At least 60 days prior to the publication of text, the agency published a
Notice of Rule-making Proceedings. TJie agency must accept comments on the proposed rule for at least 30 days from the
publication date, or until the public hearing, or a later date if specified in the notice by the agency. Tiie required comment
period is 60 days for a rule that has a substantial economic impact of at least five million dollars ($5,000,000). Statutory
reference: G.S. 150B-21.2.
TITLE 15 A - DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
economic impact of at least five million dollars ($5,000,000) in
a 12-month period.
Notice is hereby given in accordance with G.S. 150B-21.2
that the North Carolina Wildlife Resources Commission
intends to amend rules cited as 15A NCAC lOF .0311, .0317
and .0327. Notice of Rule-making Proceedings was published
in the Register on December 1, 1997.
CHAPTER 10 - WILDLIFE RESOURCES AND
WATER SAFETY
SUBCHAPTER lOF - MOTORBOATS AND WATER
SAFETY
Proposed Effective Date: April 1, 1999
A Public Hearing will be conducted at 10:00 on March 18,
1998 at the Archdale Building. Room 332, 512 N. Salisbury
Street. Raleigh, NC 27603.
Reason for Proposed Action: 15 NCAC lOF .0311 - The
Vance Count}' Board of Commissioners initiated the no-wake
zone pursuant to G.S. 75A-15, to protect public safety in the
area by restricting vessel speed. The Wildlife Resources
Commission may adopt this as a temporary rule pursuant to
S.L. 1997-0403 following the public hearing and public
comment period as indicated in this notice.
15 NCAC I OF .0317 - The Stanly County Board of
Commissioners initiated the no-wake zone pursuant to G. S.
75A-15, to protect public safety in the area by restricting vessel
speed. The Wildlife Resources Commission may adopt this as
a temporary rule pursuant to S.L. 1997-0403 following the
public hearing and public comment period as indicated in this
notice.
15 NCAC lOF .0327 - The Montgomery County Board of
Commissioners initiated the no-wake zone pursuant to G. S.
75A-15, to protect public safen,' in the area by restricting vessel
speed. The Wildlife Resources Commission mcry adopt this as
a temporary rule pursuant to S.L. 1997-0403 following the
public hearing and public comment period as indicated in this
notice.
Comment Procedures: Interested persons may present their
views either orally or in writing at the hearing. In addition,
the record of hearing will be open for receipt of written
comments from March 2, 1998 to April 1, 1998. Such written
comments must be delivered or mailed to the North Carolina
Wildlife Resources Commission, 512 N. Salisbury Street,
Raleigh, NC 27604-1188.
Fiscal Note: 15 NCAC lOF .0311, .0317 and .0327 do affect
the expenditures or revenues of local government funds, but do
not affect state funds. These Rules do not have a substantial
SECTION .0300 - LOCAL WATER SAFETY
REGULATIONS
.0311 GRANVILLE: VANCE AND WARREN
COUNTIES
(trt — Definitions. — In addition to the definitions se t for t h in
Pa r ag r a p h (b) of Rule .0301 of this Section, the following
d e finitions shall apply in this Rule :
Hi Cor p s. Co rp s of Engineers. Uni te d Stat e s Aimy,
t2-) Rese r v o i r . — John II. Ke rr Reservoi r in G r anville.
Vance and War r en Counties.
(a) Regulated Areas. This Rule applies to the following
waters of John H. Kerr Reservoir in Granville. Vance and
Warren Counties:
(1) Kimball Point - Within 50 yards of the shoreline in
the northernmost cove of the Kimball Point
Recreation Area located at the western end of SR
1204 in Warren County.
(2) Kerr Lake Methodist Campground z Beginning 50
yards north and ending 50 yards east of the Kerr
Lake Methodist Campground.
(3) Lower Mill Creek z Beginning at a point on the
eastern side of Lower Mill Creek where it intersects
the North Carolina ; Virginia state line, running
across the creek with said state line and then running
in a southerly direction on both the east and west
sides of the creek to the head waters and including all
waters of tfie creek south of tlie state line.
£4J Flat Creek at NC Highway 39 Bridge - Within 50
yards on either side of the NC Highway 39 Bridge.
(b) Speed Limit Near Ramps. No person shall operate a
vessel at greater than no-wake speed within 50 yards of any
concrete boat launching ramp located on the r ese r voi r in said
counti e s, reservoir.
(c) Speed Limit in Mooring Areas. No person shall operate
a vessel at greater than no-wake speed while within a
designated mooring area established by or with the approval of
the US Army Corps of Engineers on the waters of the r e se r voi r
in said coun t ies, reservoir.
(d) Speed Limit. No person shall operate a vessel at greater
than no-wake speed within any regulated area of tlie reservoir
12:17
NORTH CAROLINA REGISTER
March 2, 1998
1608
PROPOSED RULES
described in Paragraph (a) of this Rule.
ftfXe) Restricted Swimming Areas. No person operating or
responsible for the operation of a vessel shall permit it to enter
any designated swimming area established by or with the
approval of the US Army Corps of Engineers on the waters of
th e r ese r voir m said counties, reservoir.
(e) S p eed Limit a t Kimball Point. No p e r son shall o p e r ate
a vessel a t g r ea t e r than no-wake s p eed within 50 ya r ds of the
shtrr
th e no r thernmost cove of t h e Kimball Pomt
7 re nn e in
Rec r eation A r ea in the r ese r voir, such r ec r eation area being at
t he wes t e r n e n d of 5R 1204 in Wa rr en Coun t v.
-shatt
tf) — S p eed Limi t a t Low e r Mill C r e e k. — No pe r son
o p e r ate a vessel a t gr e ate r than no-wake s p eed b e ginning at a
po in t on t he eas t e r n sid e of Lowe r Mill C r eek whe r e it
in t e r sects the North Carolina - Vi r ginia stal e lin e , running
across t he c re ek with said state line and th e n r unning in a
southe r ly di r ec t ion on bo t h t h e eas t and wes t sides of the c r eek
t o t h e h e ad waters and including all wat e rs of th e c re ek south
of the sta t e line.
(g) Speed Limi t a t K e r r Lake M e thodis t Campground. No
p e r son shall o p e r a t e a vessel at g re at er than no-wake s p eed
beginning 50 yards nor t h and ending 50 yards eas t of the Ke n-
Lak e Me t hodis t Cam p g r ound.
thillj Placement and Maintenance of Markers. The Cor p s
is designa t ed a suitable agency fo r pla c emen t and main t enance
o f ma r kers implemen t ing this Rule . — Th e p e r imete r s of
designat e d swi
r ked with floa t lines
Mgnat e q swimming ar e as mus t b e marked witn tioa t ii r
which, in c o njunc t ion with th e sho re lin e , form completely
enclos e d a r eas. — In addi t ion, supplementan ' s t andards as se t
fo rt h in Rule .0301(g)(2) to (7) and ( 9 ) of this Sec t ion shall
a pp ly. Each of the boards of Commissioners of the above-
named counties is designated a suitable agency for placement
and maintenance of markers implementing this Rule for
regulated areas within their territorial jurisdiction in accordance
with the Uniform System, subject to the a pproval of tlie US
Army Corps of Engineers.
Authority G.S. 75A-3: 75A-15.
.0317 STANLY COUNTY
(a) Regulated Areas. This Rule applies to the following
waters and portions of wat er s : waters described as follows:
(1) tha t p o r tion of Narrows Reservoir (Dadin Lake)
which lies within th e bounda r ies of Stanly County:
(Badin Lake):
t hat p o r tion of Lake Tille r \ ' which lies within the
boundaries of Stanly County: Tillerv:
(A) Turner Beach Cove as delineated by
(2)
appropriate markers:
(B) Mountain Creek Cove
appropriate markers:
as delineated b^
t^i Turn er B e ach Cove on Lake Till e r, ' as delinea t ed by
a ppr o p ria t e markers.
(3) Harper Heme Lake - Harper Heme Lake Subdivision
Cove as delineated by appropriate markers.
(b) Speed Limit Near Ramps. No person shall operate a
vessel at greater than no-wake speed within 50 yards of any
public boat launching ramp while on the waters of a regulated
area described in Paragraph (a) of this Rule.
(c) Restricted Swimming Areas. No person operating or
responsible for the operation of a vessel shall permit it to enter
any marked public swimming area established with the approval
of the Executive Director, or his representative, on the waters
of a regulated area described in Paragraph (a) of this Rule.
(d) Speed Limit. Limi t in S p ecific Zon e s. No person shall
operate a vessel at greater than no-v. ake speed within any 50
ya r ds of the following marked zone located on any regulated
area described in Paragraph (a) of ihis Rule : Rule.
Hi Mountain Creek Cove. Lak e Tillery.
(e) Placement and Maintenance of Markers. The Board of
Commissioners of Stanly County is hereby designated a suitable
agency for placement and maintenance of the markers hereby
au t ho r ized, subject to the a ppr oval of the United States Coast
Gua r d and th e United States Army Coi p s of Engin ee rs.
implementing this Rule in accordance with the Uniform
System. With r egard to ma r king th e r egulated areas described
in Pa r ag r a p h (a) of this Rule, su pp lemen t an ' standards as s e t
fo r th in Rule .0301(g)( 1) to (8) of this Section shall apply.
Authority G.S. 75A-3; 75A-15.
.0327 MONTGOMERY COUNTY
(a) Regulated Areas. This Rule applies to the waters and
portions of waters described as follows:
(1) Badin Lake. Lake ; Lakeshore Drive Cove as
delineated by appropriate markers.
(2) Lake Tillery.
(A) Woodmn Cove as delineated by appropriate
markers.
(B) Carolina Cove as delineated by appropriate
markers.
tSl Wood r un Cove. Those wate r s within 50 yards of the
mou t h of Wood r un Cov e located on Lak e Till er y as
delin e at e d by a ppr o pr iate ma r ke r s and within 50
ya r ds of the boa t r am p located at th e h e ad of
Wood r un Cove.
f4-)(^ Tuckertown Reservoir.
t5l Carolina Fo re st Cove. The mouth of Cai - olina Forest
Cov e located on Lake Tille r y as delin e ated by
a ppr o pr iate ma r ke r s.
(b) Speed Limit Near Shore Facilities. No person shall
operate a vessel at greater than no-wake speed within 50 yards
of any marked boat launching area, dock, pier, bridge, marina,
boat storage stmcnjre, or boat service area on the waters of the
regulated areas described in Paragraph (a) of this Rule.
(c) Speed Limit. No person shall operate a vessel at greater
than no-wake speed within any regulated area described in
Paragraph (a) of this Rule.
tO(d) Restricted Swimming Areas. No person operating or
responsible for the operation of a vessel shall permit it to enter
any marked public swimming area established with the approval
of the Wildlife Resources Commission on the waters of the
regulated areas described in Paragraph (a) of this Rule.
tdl(e) Placement and Maintenance of Markers. The Board
1609
NORTH CAROLINA REGISTER
March 2, 1998
12:17
PROPOSED RULES
of Commissioners of Montgomery County is hereby designated
a suitable agency for placement and maintenance of the markers
h e reby autho r ized, subject to the app r oval of th e Unit e d Sta tes
Coas t Guard and th e Uni t ed S t ates Aiinv Coips of Engin e e r s.
With regard t o marking the r egulat e d ar e as d e scrib e d in
Pdiagraph (a) of diis Rule, supplementa r y standa r ds as s e t fo r th
iu Rule .0301(g)(1) to (8) of this Section shall a pp ly.
implementing this Rule in accordance with the Unjform
System.
.0302. you may call Ms. Slusser at 919-733-4629.
Fiscal Note: These Rules do not affect the e.xpenditures or
revenues of slate or local governrneni funds . These Rules do
not have a substantial economic impact of at least five million
dollars ($5,000,000) in a 12-month period.
CHAPTER 6 - INDIVIDUAL INCOME
TAX DIVISION
Authority G.S. 75A-3; 75A-15.
TITLE 17 - DEPARTMENT OF REVENUE
Notice is hereby given in accordance with G.S. 150B-21.2
that the North Carolina Department of Revenue intends to
amend nde cited as 17NCAC 6B .3204 and to repeal 1 7 NCAC
9L .0302.
Proposed Effective Date: August 1, 1998
Instructions on How to Demand a Public Hearing: TTie
Department ofRe\'enue is not subject to the notice and hearing
requirements of the APA. Nevertheless, the Department
publishes notice of proposed text in the Register and will hold
a public hearing if there is sufficient interest in a public
hearing. The Department does this because it believes that
notice and hearing sene good public policy. A request for a
public hearing for Rule 17 NCAC 6B .3204 must be in writing
and be submitted to Mr. Sam McEwen, Personal Taxes Division
at P.O. Box 871. Raleigh. NC 27602, by March 16, 1998. A
request for a public hearing for Ride 1 7 NCAC 9L .0302 must
be in writing and be submitted to Ms. Jan Slusser, Motor Fuel
TaxDi\ision, P.O. Box 871, Raleigh, NC 27602. by March 16.
1998. Notice of any public hearing scheduled on this proposed
rule change will be published in the Register.
Reason for Proposed Action: 17 NCAC 6B .3204 - The
federal income tax negligence penalty has changed and is now
an acmracy penalty rather than a 5 percent negligence penally.
This rule is amended to reflect the change in the federal law.
17 NCAC 9L .0302 - Effective July 1, 1998, federal law will
tax kerosene in accordance with the procedure now used for
clear diesel. When this occurs, clear kerosene will be taxed by
the State as a motor fuel rather than an alternative fuel.
Comment Procedures: Written comments for 17 NCAC 6B
.3204 may be submitted to Mr. Sam McEwen at North Carolina
Department of Revenue, Personal Taxes Division, P.O. Box
871, Raleigh, NC 27602. Written comments for 1 7 NCAC 9L
.0302 may be submitted to Ms. Jan Slusser, at NC Department
ofRe\'enue, Motor Fuels Tax Division, P.O. Box 871. Raleigh.
NC 27602. Comments received will be taken into consideration
in adopting the permanent rule. If you have questions
regarding 17 NCAC 6B .3204. you may call Mr. McEwen at
919-733-3565. If you have questions regarding 17 NCAC 9L
SUBCHAPTER 6B - INDIVIDUAL INCOME TAX
SECTION .3200 - PENALTIES: INDIVIDUAL
INCOME TAX
.3204 NEGLIGENCE PENALTIES
fa^ When the 5 per cent negligence federal accuracy penalty
has been assessed for federal income tax pu rp oses, purposes
under Section 6662 of the Internal Revenue Code, the 10
percent negligence penalty will be assessed for state income tax
purposes unless the 25 percent negligence penalty applies.
(b) — A negligence p enalty cannot be assessed when the f r aud
penal t y has been assessed with r es pe ct t o th e same deficiency.
There is no minimum dollar amount of negligence penalty. 8n
combin e d r e mms th e n e gligence p enal t y will be assessed based
on th e addi t ional tax due on t he s p ouse's r etu r n to which th e
negligence p enalty is being a pp lied afte r being offset by any
ove rp aymen t due to t he othe r s p ous e .
Authority G.S. 105-236(5): 105-236(6): 105-262.
CHAPTER 9 MOTOR FUELS TAX DIVISION
SUBCHAPTER 9L - ALTERNATIVE FUEL
SECTION .0300 - TAX AND LIABILITY
.0302 UNBLENDED KEROSENE AS
ALTERNATIVE FUEL
Unbl e nd e d k er osen e is an alt er native fuel.
Authority- G.S. 105-262: 105-449.130.
12:17
NORTH CAROLINA REGISTER
March 2, 1998
1610
TEMPORARY RULES
Die Codifier of Rules has entered the following temporary rule(s) in the North Carolina Administrative Code. Pursuant to
G.S. 150B-21 .1(e). publication of a temporary rule in the North Carolina Register serves as a notice of rule-making
proceedings unless this notice has been previously published by the agency.
TITLE 1 - DEPARTMENT OF ADMINISTRATION
Rule-making Agency: Department of Administration
Rule Citation: / NCAC 5B .0301 - .0302. .0310. .0316.
.0401. .0801 - .0802. .1301. .1519, .1604, .1906
Effective Date: February 15, 1998
Findings Reviewed and Approved by: Beecher R. Gray
Authority for the rule-making: G.S. 143-52: 143-53(a)
Reason for Proposed Action: Session Law 1997-412 amended
State procurement laws, increasing benchmarks for universities
and State agencies, and also mandated the Secretary of
Administration to make ndes in certain areas of procurement
as a result of the benchmark changes. These include
advertising of solicitations handled by the Division of Purchase
& Contract, universities and State agencies as well as contract
language consistency and protest procedures. Tliese rule
changes clarify the process for all State procurement, which
was altered significantly by S.L. 1997-412.
Comment Procedures: Any person interested in making
written or verbal comment to these temporary ndes should
submit such comment to R. Glen Peterson, General Counsel.
N.C. Department of Administration. 116 West Jones Street,
Raleigh. NC 27603-8003; telephone: (919) 733-7232: fax:
(919) 733-9571: e-mail: glen _peterson@mail. doa. state. nc. us
CHAPTER 5 - PURCHASE AND CONTRACT
SUBCHAPTER 5B - PURCHASE PROCEDURES
SECTION .0300 - PROCUREMENT
AUTHORIZATION AND PROCEDURES
.0301 CONTRACTING REQUIREMENTS
(a) Whe r e t h e total r equi r ements fo r any giv e n commodity
o r se r vice involve an ex p end i tu r e m excess of th e e xp e nditu re
benchmark es t ablished unde r the pr ovisions of G.S. 143-53. 1.
and whe r e competition is solici te d, scaled offe r s shall be
solici t ed by di r ect mailing. Rul e s applying to s er vic e contracts
do no t a pp ly to local school administrative units o r community
colleges.
rtr) — In addition to Parag r aph (a) of this Rul e , fo r th e
pro cu re ment of equi p men t , mate r ials, and su pp lies, scaled
offe r s shall b e solicited by this Division by direct mail and by
advertisemen t in a n e ws p a per of sta t ewide circulation or by
elect ro nic media when deemed mo r e advan t ageous fo r ce r tain
items o r commodities at leas t 10 days p r ior to the dat e
d e signat e d fo r o pe ning of the bids.
td — In addition to Paragra p h (a) of this Rule, for the
pr ocu re men t of se r vices, the following shall a p ply:
Hi Th e Final decision-maki n g autho r ity in r egard t o any
p hase of procuremen t o r p erfonnance of any service
cont r act is with the SPG. — In addition to sci - vic e
cont r acts delegated u n de r Rul e s .0401 and .1301 of
this Subcha p t er , the SPG may delegate agencies t h e
autho r ity — to — handle — the — solicitation — p has e — for
con tr acts ove r the benchma r k es t ablished unde r G.S.
143-53.1.
-shaH
t?1 Fo r each se r vice con tr ac t , the using agency
pr e p are a task d e scri p tion of the se r vices and desi r ed
re sults. Fo r statewide o r multiagcncy term contracts
this Division will establish the task description of
services and desir e d re sults. Task desc r i p tions shall
con t ain all of the following :
tAi the date(s) of s er vice (The cont r act shall no t
be — for — mo r e — than th r ee y e ars — including
e xt e nsions and re n e wals, without the p r ior
a ppr oval of the SPG.);
(&) detailed s pe cificati
ty p e and level of
taiiea s p eciiications o r
wo r k r equi r ed:
(€) what the Stat e will fu r nish;
(Bi what the con tr acto r will fu r nish:
t&) the method, schedule, and p rocedu r es for
billing and payments:
i¥i other terms and condi t ions, s p ecifications o r
pr ocedu r es bearing on the conduct of the
work.
(31 Upon completion of the task desc r i p tion and desi r ed
re sults. — com p eti t ion — shaH — be — solicited. — where
available, utilizing a RFP o r IFD. which shall
contain the t ask d e scri pt ion and d e si r ed r esults, and
specify o r pr ovide fo r all of the following :
tAl — th e laws of No r th Carolina shall gove r n the
cont r ac t :
(fil the cont r act
shall — be cancelable — u p on — a
s p ecified w r it t en notice a t any time by t he
State for unsatisfacto r y performance or fo r the
convenienc e of the S t a t e:
(€1 pr ovide — for — the — o p tion — to — re qui re — a
performance bond o r o t he r sui t able m e ans of
ensuing faithful p e r formance when deem e d by
the State t o be necessa r y :
t^l that the con tr ac t is ente r ed into in com p liance
with State and Fede r al an t i tr ust laws ;
(E) t he cont r ac t o i — shaH — furnish all worke r 's
compensation, liabili t y insurance, and o t h er
insu r ance as may be r equired to pr ot ec t
1611
NORTH CAROLINA REGISTER
March 2, 1998
12:17
TEMPORARY RULES
>
himself and t he Sta t e from claims which may
arise ;
paymen t schedule :
price adjus t ment provisions, if any :
fff) id e n t ify the agency liaison p e r sonnel and any
other agency resou r ces that wil
the con t racto r :
(t) t he c r ite r ia for evaluation:
be available to
(*
1 recprcst — a-
qualifications ajid ref ere nc e s
d e sc r i p tion — of — the — offe r o r 's
I
tj^ — have t he cos t of t he se r vice brok e n down by
com p onents :
ffci have — the — offeroi — id e n t ify — the — pr o p osed
me t hodology fo r accomplishing the work (if
no t fu r nished in the RFP).
An exce p tion to Parag r a p h (c) of t his Rule is whe r e an
emergency condition exists.
(4^ Aft er o p ening, and com p le t ion of the evalua t ion, the
using ag e ncy shall pr e p are a writ t en recommendation
fo r award, and if ove r the benchmark established
unde r G.S. 143-53.1. shall submit a co p y of all
off er s r eceived and thei r recommendation t o this
Division fo r award of con tr act or o t he i — action
deemed — n e c e ssaiy — by — tlrc — SP6 — (Examples:
cancella t ion, negotiation, etc.). Notice of the
Division's decision shall be sen t to the using ag e ncy.
Except where a waiver, special delegation, exemption, or an
emergency purchase is permitted by Rule, all purchases
involving the expenditure of public funds made by universities
and other agencies for commodities, services and printing, not
covered by statewide term contracts, shall comply with the
following delegations and procedures:
(1) Small Purchases: A small purchase is defined as the
purchase of commodities, services or printing, not
covered by a term contract, involving an expenditure
of public funds of five thousand dollars ($5.000) or
less. The executive officer or his designee, of each
agency shall set forth, in writing, purchasing
procedures for making small purchases. The
awarding of contracts for small purchases shall be the
responsibility of the using agency. The SPO may
require a copy of the small purchase procedures be
sent to the Division of Purchase and Contract.
(2) Purchases Governed by General Delegation or
Statute:
(a) For purchases made by a university or agency
involving an expenditure of public funds over
five thousand dollars ($5.000). up to the
benchmark established for a university under
the provisions of G.S. 1 16-31.10. and ug to
the general delegation limit for agencies
established by the SPO under the provisions of
G.S. 143-53(a)(2):
(il Competition shall be solicited:
(ii) Solicitation documents requesting or
inviting offers shall be issued:
(iii) Solicitation documents shall include
13]
standard language, including tenns and
conditions issued by the Division of
Purchase and Contract, unless prior
written approval is obtained from the
Division. If additional terms and
conditions are used, they shall not
conflict with Division's standard terms
and conditions, unless prior written
approval is obtained from the Division:
and
(iv) Mailing lists, if still maintained by the
Division of Purchase and Contract, may
be requested and used in addition to
mailing lists maintained by the
university or agency for the purpose of
soliciting competition.
(b) In addition, agencies and universities shall
advertise their solicitations through the
Division of Purchase and Contract, effective
September E, 1998. for the following
purchases:
£ij Agencies: For purchases involving an
expenditure of public funds exceeding
ten thousand dollars ($10.000). up to
the general delegation limit for an
agency established by the SPO under
the provisions of G.S. 143-53(a)(2):
(ii) Universities: For purchases involving
an expenditure of public funds
exceeding twenty five thousand dollars
($25.000). up to the benchmark
established for a university under the
provisions of G.S. 116-31.10.
Agencies and universities may advertise
sooner than the effective date and may also
advertise solicitations on smaller dollar
purchases through the Division of Purchase
and Contract.
(c) The awarding of contracts under the statutory
limit for universities and the general
delegation for all other agencies, shall be the
responsibility of the using agency.
Competitive Bidding Procedure: Where the total
requirements for commodities, services or printing
jobs involve an expendimre of public funds in excess
of the expenditure benchmark established under the
provisions of G.S. 1 16-31.10 or the general
delegations established by the SPO under the
provisions of G.S. 143-53(a)(2). the competitive
bidding procedure as defined in G.S. 143-52 shall be
utilized as follows:
(a) Sealed offers for commodities and printing
shall be solicited by the Division of Purchase
and Contract via advertisement:
(b) For service contracts, the SPO delegates to the
universities and other agencies the authority to
solicit sealed offers for their university/agency
12:17
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1612
TEMPORARY RULES
(4J
m
m accordance mth the rules established for
Subitems (2)(a) and (b) of this Rule. After
opening and completing the evaluation of
offers recei\ed. the agenc\- shall prepare a
written recommendation for award, and if
o\er the benchmark established under G.S.
1 16-31.10 or tlie general delegations
established b^; the SPO. shall submit a cop\' of
all offers received and their recommendation
of award or other action to tlie Division of
Purchase and Contract for approval or other
action deemed necessary by the SPO
(Examples: cancellation, negotiation, etc.).
Notice of tlie Division of Purchase and
Contract's decision shall be sent to the agency.
The awarding of contracts for ser\'ices shall be
the responsibility of tlie using agency.
(c) Sealed offers for statewide term contracts for
commodities, printing and sen'ices shall be
solicited by the Division of Purchase and
Contract via advenisement.
For each service contract handled bv the agency, the
agency shall prepare a task description of the services
and desired results. Task descriptions shall contain
ali of tlie following:
(a) The date(s) of service (The contract shall not
be for more than three years including
extensions and renewals, without the prior
appro\aJ of the SPO.):
fb) Detailed specifications or type and level of
work required:
(c) What the State shall furnish:
(d) What the contractor shall furnish:
(e) The method, schedule, and procedures for
billing and pa\ments: and
(f) Other subject matters bearing on the conduct
of the work.
Rules apphing to service and printing contracts do
not apply to local school administrative units or
community colleges.
Histon Note: Aulhonn- G.S. 143-49: 143-52; 143-53: 143-
53.1;'
Eff. February 1. 1976:
Readopted Ejf. Febniar.- 27. 1979:
Amended Ejf. February 1. 1996: Januar.- 1. 1985;
Temporarx Amendmetv. Eff. February 15. 1998.
.0302 MAILEVG LISTS
(a) The Division of Pu r chas e and Cont r act shall main t ain
mailing lis t s fo r the
iiiing lis t s tor the p u rp ose ot SQiiciting otte r s on various
ca t ego r ies of commodities and sendees. — ■'\ foiiii shall be
available u p on r equest as an a pp lication to b e included on an
appropria te lis t .
(b) Compani e s may b e add e d to o r r em o ved f r om th e se lists
after — taking — mtt) — consid er ation — Financial — standing — and
r es p onsibility, — facilities — for — pr oduc t ion. — dist r ibution — and
se r vices. — length — of — frmc — successfully — m — busin e ss,
r es p onsi% ' eness. pcrfoniiancc as a su pp lier, the need for
competition, the budgeted amounts fo r maintaining the lists and
fo r du p licating and mailing and othe r such factors as may be
p e r tinent and r easonable. — Only companies res p onsive to
solicita t ions shall be r etain e d on mailing lists.
tci — VV ' hen i t is not e conomically feasible o r othe r wise
pr acticable to us e the enti r e mailing lis t , the Division may use
th o se companies who may reasonably and pr actically b e
e x pe ct e d to r e p ly.
History Note: Authority G.S. 143-49; 143-52;
Eff. February 1. 1976;
Readopted Eff. February 27, 1979;
Amended Eff. February 1. 1996;
Temporary Repeal Eff. February 15. 1998.
.0310 NOTinCATION OF AWARD
If a solicitation is required to be advenised through the
Division of Purchase and Contract, then notice of the resulting
contract award shall be posted via the Division of Purchase and
Contract's home page by the agency issuing the solicitation
document in accordance with Rule .0316 of this Section. In
addition. Af t e r after contracts are awarded, successful
companies and ag e nci e s shall be notified in writing or
elect r onically, electronically by the agency issuing the
solicitation document.
History Note: Authority G.S. 143-49; 143-52; 143-53;
Eff. February 1. 1976;
Readopted Eff. February 27. 1979;
.Amended Eff. February 1. 1996; May 1. 1988; July 1. 1987;
Temporarx Amendment Eff. Februarx 15. 1998.
.0316 ADVERTISEMENT REQUIREMENTS
(a) Unless already required by statute, effective September
L, 1998 all advertisements required by Rule shall be through
the Division of I\irchase and Contract via the Division's home
page on the internet. If advertisement is required by Rule, the
solicitation shall be advertised at least once and at least 10 days
prior to the date designated for opening. This Rule does not
pre\ent solicitation of offers by additional direct mailings or
additional ad\ertisement by an agencv.
(b> -Agencies required by Rule to ad\ertise their solicitations
shall electronicallv transmit the required data directly to the
Di\'ision's home page. The required data shall include, the
complete solicitation document (specifications, requirements,
terms and conditions, etc), with agenc\' name, buyer name,
phone number and address for accessing hard copies of the
solicitation, solicitation identification number, title la short
description of the commodity', service or printing requirement),
and the opening date, time and place. If the solicitation
requires potential offerors to attend a mandators' conference or
mandator,' site visit, this information shall also be furnished
with the advertisement, to include date and time, location, and
contact person and phone number.
(c) Within three agency working days from award of
1613
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12:17
TEMPORARY RULES
contract that has been advertised through the Division, agencies
shall be required to electronically transmit an award notice
directly to the Division's home page on the internet. The
award notice shall be posted for at least 30 consecutive calendar
days. This award notice shall identify the contract and award
information.
(d) The exact format and instructions for submitting the
advertisement, summary notice, and award notice will be
furnished to all agencies by the Division.
(e) Exceptions to this Rule are as follows:
(1) When it is deemed by the agency's executive officer
or his designee that there is a valid reason for the
agency not to transmit the advertisement or award
notice electronically, that agency may submit the data
to tlie Division, so the Division may transmit k
electronically: or. the agency may place the
advertisement (excluding the complete solicitation
document) via newspaper. If advertised via
newspaper, the agency which issued the solicitation
document shall be responsible for the advertisement
and the award notice shall not be required . Some
valid reasons include computer equipment failure or
networking difficulties, or insufficient copies of
samples for a printing job.
(2) If there is an attachment to a solicitation that the
agency determines will not be electronically
transmitted, then the solicitation document, when
electronically transmitted, shall include instructions
to contact the agency which issued the solicitation to
obtain the attachment.
(3) If an agency determines that it is not feasible to
electronically transmit a particular solicitation
document through the Division's home page, then
the agency shall electronically transmit a summary
notice, the same way as if they had electronically
transmitted the solicitation document, which will
instruct someone inquiring on tlig Division's home
page about the solicitation, to contact the agency for
a hard copy.
History Note: Authority G.S. 143-52; 143-53;
Temporary Adoption Eff. February 15. 1998.
SECTION .0400 - INFORMAL PROPOSALS
(QUOTATION) PROCEDURE
.0401 GENERAL DELEGATION
ftt^ — In maki n g p u r chases of commod iti es and se r vices no t
Gene r al — Delega t ion, which cove r s ex p enditu re s ov er two
thousand — ftvc — hu n d r ed — dolla r s — (S2.500) — btrt — nrrder — the
ex p enditu re b e nchma r k, shall be acqui r ed as follows:
Hi Com p c ' .i t ion must be solicited, whe r e available: and
(^
All p u r chase t r ansactions shall be documented. This
includ e s a re co r d of all quo t es r eceived, w r itten and
vc
r bal. and w ri tten
quote.
w ri tten re ason fo r awa r d to othe r than
W r itten — r easons — for — warvei — and
e me r g e ncy pu r chases shall also b e made a matte r of
r eco r d: and
riod of
t^j All p u r chasing files mus t b e r etained fo r a p en
five yea r s afte r ex p i r ation. — This includ e s p u r chas e
orders (term contract and non-term cont r ac t ), quotes
(verbal — and — w r itten). — waive r s. — and — emergency
p u r chases. — All sup p orting documenta t ion mus t b e
kept — in — the — frlc — dtrrrng — tlrts — r eten t ion — p e r iod
( Exam p l e
-aH — quotes — r eceived. — re ason — for
tam p ics :
cont r acting with othe r than low quo t e o r with sole
sou r ce(s). is a waive r o r an eme r gency p u r chase,
co p y of p u r chase order and any co rr es p ond e nce): and
Hi In addi t ion, fo r p u r chases ove r five thousand dollars
($5.000) — bttt — strH — less — than — the — ex p enditu r e
benchmark, agencies shall do the following :
tA) Agencies are r equi r ed to issu e their own
solicitation documen t s. This shall also ap p ly
to a waiver o r eme r gency p u r chase, if time
p e rmits, and
fB^ — The — solici t ation — docum e nts — sent — otrt — by
agencies shall include t erms and conditions
a pp licable to the r equi r emen t .
td — Awarding of con tr acts unde r the gene r al delegation of
this Sec t ion shall be the r esponsibility of the ag e ncy's e xecutiv e
office r .
(d) Additional r ules ap p lying to se r vice cont r acts are in Rule
.0301 of t his Subcha p te r .
History Note: Authority G.S. 143-52; 143-53; 143-53.1;
Eff. February 1, 1976;
ReadoptedEff. February 27. 1979;
Amended Eff. February 1, 1996; January 1, 1985;
Temporary Repeal Eff. Februar\ 15. 1998.
SECTION .0800 - PRINTING
.0801 GENERAL POLICY
The Division of Pu r chase and Con tr act shall make p r ovisions
for o r cont r acts fo r the printing r equi r emen t s of, all agencies,
with the exce pt ion of community colleges a n d local school
covered by state t erm contiac t s and estima te d t o be l e ss than th e adminis tr ative units, eithe r through th e use of a pp licable sta t e
facili t i e s, d e l e ga t ion, waive r , o r by seeking com p e t ition in the
o p en marke t .
ex p enditu r e benchmark establish e d unde r the pr ovisions of G.S.
143-53.1, th e SPG may autho r ize agencies unde r a gene r al
delegation t o make those p u r chases. — Rul e s for pr in t ing
r equi r ements a r e cove r ed by Section .0800 of t his Subcha p te r .
Rules a p plying to se r vice cont r acts do not apply to local school
administ r a t iv e uni t s o r community colleges.
(b) — Small purchas e s ar e gov e rn e d by Rul e .1301 of this
Subchap t e r . Pu r chases of commodities and se r vic e s und er th e
History Note; Authority G.S. 143-49; 143-53;
Eff. February 1. 1976;
ReadoptedEff. February 27, 1979;
Amended Eff. February 1, 1996;
Temporary Repeal Eff. February 15. 1998.
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NORTH CAROLINA REGISTER
March 2, 1998
1614
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.0802 PROCEDURE
(a) The dollar limits fo r handling cont r acts for p r inting shall
be as follows :
(4-) Gene r al State government agencies and de p artments
may handle p rinting cont r acts u p to five hund r ed
dolla r s <S500) p e r job.
(5^ The universities and institutions may handle printing
con tr acts u p to ten thousand dolla r s (SIO.OOO) p e r
job.
(3^ All pr in t ing cont r acts over dncs e dolla r limits shall be
handled by the Division of Pu r chas e and Cont r act.
(b) All pr inting con t rac t s over five hund r ed dollars (5500)
which canno t be sa t isfied by the De p a rt ment of Corr e ction in
acco r dance wi t h G.S. 148-70. shall b e handled as follows :
("H Competition mus t b e solicited, whe r e available; and
(5^ All purchase transac t ions shall b e documented. This
includes a r eco r d of all quotes r eceived, w r itten and
ve r bal, and w r itten r eason fo r awa r d to oth er than
krw — quote. W r itt e n — re asons — for — waive r — and
e m er g e ncy p u r chases shall also be made a matte r of
reco r d : and
(3^ All p u r chasing files mus t be r etained fo r a p e r iod of
five yea r s afte r ex p i r ation. — This includ e s pu r chase
of this Subcha p te r . Rules applying to pr inting contracts do not
a pp ly to local school administ r ative units or community
colleges. Th e Executive Office r of each agency shall set foith.
in writing, p u r chasing pr ocedu r es fo r making small purchases.
Awa r ding of cont r acts fo r small p u r chases shall be the
r esponsibility of the agency's e xecutive office r . The SPO may
r equi re a co p y of the small p u r chase pr ocedu r es be sent to th e
Division of Pu r chase and Contract.
History Note: Authority G.S. 143-53;
Eff. February 1, 1976;
Readopted Eff. February 27, 1979;
Amended Eff . February 1, 1996;
Temporary Repeal Eff. February 15. 1998.
SECTION .1500 - MISCELLANEOUS
PROVISIONS
.1519 PROTEST PROCEDURES
A p arty wanting to p r o t es t a cont r act award handled by the
Division of Pu r chase and Cont r act must submit a w r itt e n
r eques t fo r a p ro t est meeting to the SPO which mus t be
r eceived in the Division of Pu r chase and Cont r act within 30
orde r s, quotes (v er bal and w r itten), waive r s, and cons e cutive cal e ndar days f r om the da te of the protested
eme r gency p u r chases. All supporting documentation
must b e kept in th e fil e du r ing t his r etention p e r iod
(Exam p le
t4i
■tcsi ati — quo t es — r eceived. — r eason — tot
con tr acting wi t h oth e r than low quot e or with sole
sou r ce(s), is a waive r o r an eme r gency p u r chase r
co p y of p u r chas e o r de r and any corr e spond e nc e ): and
In addition, for p rinting cont r acts ove r five thousand l e tt er . — If not, the SPO will schedule a meeting with the
dolla r s ($ 5 ,000) bu t still within the limits s p ecified
cont r act award. 1 nis lette r must contain s p ecific sound r easons
and any su pp orting docum e ntation for why the party is
p rotesting the award o r the pr otes t will be pr om p tly r eject e d.
If the SPO can r end er a d e cision bas e d on th e facts without a
me e ting, a w r itten r es p onse with a decision will be r ende r ed
within 10 consecutive calendar days of th e r e ceip t of th e pr ot e s t
rr — If not, the SPO wil
pr otesting p arty to hea r thei r com p laint. This meeting will be
in Paragra p h (a) of this Rul e , th e s e guidelines shall held wi t hin 30 consecutive calendar days afte r r ecei pt of the
be followed : w r itt e n pr otest. The SPO will r es p ond to t h e p r ot e s t ing party
documents shall be issued. — This in writing with a decision within 30 consecutiv e calendar days
f r om the dat e of t he pr otest meeting. All decisions of the SPO
shall b e the final administ r a t ive r eview.
(a) To insure fairness to all offerors and to promote open
competition, agencies and the Division of Purchase and
Contract shall actively follow-up and be consistent in
responding to an offeror's protest over contract awards.
(b) This Rule applies only to contracts with an actual or
estimated dollar value over ten thousand dollars (SIO.OOO). h
is recommended that agencies establish procedures to handle an
offeror's concerns for contracts with less dollar value.
(c) When an offeror wants to protest a contract awarded by
an agency over ten thousand dollars (SIO.OOO). the agency and
the offeror shall comply with the following:
(1) The offeror shall submit a written request for a
protest meeting to the agency's executive officer
which shall be received by the agency's executive
officer's office within 30 consecutive calendar days
from the date of the contract award. The executive
officer shall furnish a copy of this letter to the SPO
within 5 consecutive calendar days of receipt. The
offeror's letter shall contain specific sound reasons
and any supporting documentation for why they have
tA) Solicitation documents shall be issued. — This
shall also a pp ly to a waiv e r o r eme r gency
p u r chase, if time permits, ajid
(ftl — Th e solicitation docum e nts sen t out shall
include t e nns and conditions a p plicabl e to the
r equi r ement,
(c) TTie award of cont r acts within the dollar limits s p ecified
in Sub p a r ag r a p hs (a)(1) and (2) of this Rule shall be the
r es p onsibility of the agency's e x e cutiv e offic er .
History Note: Authority G.S. 143-49; 143-53;
Eff. Febman,' 1. 1976;
Readopted Eff. February 27. 1979;
Amended Eff. February f 1996: January 1. 1985:
Temporal,- Repeal Eff. February 15. 1998.
SECTION .1300 - SMALL PURCHASES
.1301 PROCEDURES
A small p urchase is defined as the p u r chas e of commodities
o r se r vices, not cove r ed by a term cont r act, and th e e x pe nditu re
IS fo r two thousand five hund re d dolla r s (S2.500) o r less.
Rules fo r pr inting r equi r ements a r e cove r ed by Section .0800
1615
NORTH CAROLINA REGISTER
March 2, 1998
12:17
TEMPORARY RULES
a concern with the award. If the letter does not
contain this information, or if the executive officer
determines that a meeting would serve no purpose,
then he may, within 10 consecutive calendar days
from the date of receipt of the letter, respond in
writing to the offeror and refuse the protest meeting
request. A copy of the executive officer's letter shall
be forwarded to the SPO.
(2) If the protest meeting is granted, the executive
officer shall attempt to schedule the meeting within
30 consecutive calendar days after receipt of the
letter, or as soon as possible thereafter. Within 10
consecutive calendar days from the date of tlie protest
meeting, the executive officer shall respond to the
offeror in writing with his decision. A copy of the
executive officer's letter shall be forwarded to the
SPO.
(3) The agency shall notify the SPO. in writing, of any
further administrative or judicial review of the
contract award.
(4) The executive officer may appoint a designee to act
on his behalf under this Rule.
(d> When an offeror wants to protest a contract awarded by
the Secretary over ten thousand dollars ($10.000). the SPO and
the offeror shall comply with the following:
(1) The offeror shall submit a written request for a
protest meeting to the SPO which shall be received
by the Division within 30 consecutive calendar days
from the date of the contract award. The offeror's
letter shall contain specific sound reasons and any
supporting documentation for why they have a
concern with the award. If the letter does not contain
this information, or if the SPO determines that a
meeting would serve no purpose, then he may,
within 10 consecutive calendar days from the date of
receipt of the letter, respond in writing to the offeror
and refuse the protest meeting request.
(2} If the protest meeting is granted, the SPO shall
attempt to schedule the meeting within 30
consecutive calendar days after receipt of the letter.
or as soon as possible thereafter. Within 10
consecutive calendar days from the date of the protest
meeting, the SPO shall respond to tlie offeror in
writing with his decision.
History Note: Authority G.S. 143-53; I50B-2; 150B-22;
150B-23:
EJf. February 1, 1996:
Temporary Amendment Eff. February 15. 1998.
SECTION .1600 - EXEMPTIONS, EMERGENCIES
AND SPECIAL DELEGATIONS
.1604 GENERAL DELEGATIONS
The general purchasing delegation for agencies (except the
universities) shall be not more than ten thousand dollars
($10.000). The SPO may lower or raise this general delegation
for a specific agency, up to Lhe amount established by G.S.
143-53.1. after consultation with the State Budget Officer and
the State Auditor for State agencies, and upon consideration of
the agency's (except the universities) overall capabilities,
including staff resources, organizational structure, training,
purchasing compliance reviews, electronic communication
capabilities, and audit reports. If an agency wishes to obtain an
increase in their general delegation, they shall submit a request
in writing, outlining their overall capabilities, to tlie SPO for
his consideration.
History Note: Authority G.S. 143-53:
Temporary Adoption Eff. February 15. 1998.
SECTION .1900 - RECORDS OF THE
DIVISION OF PURCHASE AND CONTRACT
.1906 APPLICATIONS FOR ADDITION
TO MAILING LIST
Applications fo r inclusion on mailing lists are ret ain e d fo r
two years.
History Note: Authority G.S. 143B-10(f);
Eff. February 1. 1976:
Readopted Eff. Febmary 27. 1979;
Amended Eff. February 1, 1996:
Temporary Repeal Eff. February 15. 1998.
TITLE 10 - DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Rule-making Agency:
Human Serxices
Secretary of Department of Health and
Rule Citation: 10 NCAC 21B .01 17
Effective Date: March 9. 1998
Findings Reviewed and Approved by: Beecher R. Gray
Authority for the rule-making: G.S. 143-116.7
Reason for Proposed Action: On November 6, 1997, Fire
Inspector conducted an inspection of the streets on The
Governor Morehead School Campus. Several fire safety
hazards and/or violations of the local/state codes were noted.
An Order To Comply was issued requiring GMS to correct these
infractions as soon as possible. Failure to comply with the
order may render the state liable to the penalties provided by
law for these violations. More importantly, these violations
could jeopardize the safety and welfare of students and staff on
the GMS Campus.
Comment Procedures: Any interested persons may present
written comments to Patricia D. Purser, Division of Serxices
for the Blind, 309 Ashe Avenue, Raleigh, NC 27606.
12:17
NORTH CAROLINA REGISTER
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1616
TEMPOKARY RULES
CH.\PTER 21 - THE GOVERNOR MOREHEAD
SCHOOL
SL^BCHAPTER 21B - CAMPUS REGLXATIONS
SECTION .0100 - ABSENCES FROM CAMPUS
.01 17 THE GOVERNOR MOREHEAD SCHOOL
CAMPUS PARKING
Parking on The Go\emor Morehead School Campus shall be
in conformity with the following requirements:
(1) Vehicles shall be parked onl\- in designated parking
spaces. Parkmg spaces are defined by painted lines
in the surfaced areas and by wheel-stops in non-
surfaced areas.
(2) No parking is allowed on any streets.
(3) No stopping to load or unload is allowed on anv
streets.
(4) Signs shall be erected in specific areas indicating No
Parking and Tow-away Zones.
(5) The school may ha\'e remo\ed to a place of storage.
at the owner's expense. an\' unattended vehicle
illegalh' parked in a designated tow-awa\' zone.
(6) No parking is allowed in any manner that would
block or prohibit access to a designated crosswalk.
Hisron- Note: Auihoniy G.S. 143-116.7;
Temporan Adoption Eff. March £. 1998.
TITLE 15A - DEPARTMENT OF EN"V IRON^IENT
AND NATLHAL RESOURCES
Rule-making Agency: Department of Environment and
Natural Resources
Rule Citation: 15A .VC4C OlO .0101 - .0109
Effective Date: March 1. 1998
Findings Reviewed and Approved by: Beecher R. Grax
Authority for the rule-making: G.S. 130A-4
Reason for Proposed Action: Tliese Rules \\ere originally
adopted by the Conunission for Health Senices (November 14.
1997). The NC .-Rules Revie^v Commission found that the
Commission for Health Senices did not hare statutory
authority to adopt the rules. In addition, the RRC has
indicated that they intend to invalidate the current ndes
codified as 15.4 NCAC 18A .2300 at the Febmary meeting of
the RRC. Because there must be rules in effect to be used to
determine who is delegated authority to enforce ndes of the
Conunission for Health Senices. it is essential that these Rules
be adopted as temporary ndes. Without these Rules, there will
not be any defendable or rational basis for granting or denying
delegations to local health depanment environmental health
specialists to enforce CHS ndes as an agent of the state.
Comment Procedures: Comments may be made to Malcolm
Blalock. PO Box 29596. Raleigh. NC 27626-0596 or E-Mail at
Malcolm _Blalock@mail.ehnr. state. nc. us.
CHAPTER 1 - DEPARTMENTAL RULES
SUBCHAPTER lO - ENVIRONMENTAL HEALTH
SECTION .0100 - DELEGATION OF AUTHORITY
TO ENFORCE THE CONLMISSION FOR
HEALTH SERVTCES SANTTATION RULES
.0101 SCOPE OF DELEGATED AUTHORITY
No person shall act as an authorized agent of the state in
enforcing the provisions of G.S. 130 A and the rules of the
Commission for Health Services who is not a current emplo^^ee
of a local health department, registered with the North Carolina
State Board of Sanitarian E.xaminers as a Registered Sanitarian
or Sanitarian Intern and authorized pursuant to these Rules.
E.xcept as provided in Rule .0105 of this Section, an
authorization shall be valid only in the count)' or district served
b\- the local health department which emplo\ s the agent. There
shall be seven areas of authorization to enforce the provisions
of G.S. BOA and the rules of the Commission for Health
Services found in 15A NCAC 18A as follows:
( 1 ) Food. Lodging, and Institution Sanitation including
the following:
(a) .1000 Sanitation of Summer Camps.
(b) .1300 Sanitation of Hospitals: .Nursing and
Rest Homes: Sanitariums. Sanitoriums:
Educational and other Institutions.
. 1500 Sanitation of Local Confinement
Facilities.
.1600 Sanitation of Residential Care Facilities.
.1800 Sanitation of Lodging Establishments.
.2100 Rules Governing the Sanitation &
Safetv of Migrant Housing.
.2200 Samtation of Bed and Breakfast Homes.
.2400 Sanitation of Public. Private, and
Religious Schools.
.2600 Sanitation of Restaurants and Other
Foodhandling Establishments.
til .2700 Sanitation of Meat Markets, and
Ikj .3000 Bed and Breakfast Inns.
On-Site Wastewater, including the following:
(a) .1900 Sewage Treatment and Disposal
S\stems.
.1603 and .1606. .1611(a> and (b) and .1613
Care Facilities
ici
(di
m
lili
Hi
01
Ibj .1603 and
Sanitation of Residential
(Famil\- Foster Homes), and
(c) .2100 Rules Governing the Sanitation and
Safety of Migrant Housing.
(3) .2800 Sanitation of Child Care Centers.
(4) .3100 Lead Poisoning Prevention in Children
1617
SORTH CAROLISA REGISTER
March 2, 1998
12:17
TEMPORARY RULES
Program.
(5) .2500 Public Swimming Pools.
£6} .3200 Tattooing.
ill .1603. .1606. .1611(a) and (b), .1613 Sanitation of
Residential Care Facilities (Family Foster Homes)
and .2100 Rules Governing the Sanitation and Safety
of Migrant Housing.
History Note: Authority G.S. 130A-4;
Temporary' Adoption Eff. March L. 1998.
.0102 ELIGIBILITY FOR DELEGATION OF
AUTHORITY
(a) The applicant shall successfully complete a centralized
training course approved by the Division.
(b) The applicant shall successfully complete all required
orientation, preliminary activities and field practice and review
established by the Division.
(c) When the supervisor determines that the applicant has
progressed sufficientlv to work independently, the health
director may request the applicant be evaluated for
authorization. Documentation of the satisfactory completion of
all preliminary activities and field practice, including any
inspection or evaluation forms completed by the applicant and
comments of the supervisor shall be forwarded to the regional
specialist.
(d) If. upon reviewing the File, the regional specialist fmds
that the applicant needs additional study or field practice, the
evaluation for authorization may be postponed until that study
or practice has been completed.
(e) Upon satisfactory completion of the requirements in
Paragraphs iai ; IdJ of this Rule, the regional specialist shall
coordinate the administration of a written test which the
applicant must pass by a score of 70 percent or more. The test
may be repeated if necessary.
(f) An applicant only requesting authorization for 15A
NCAC 18A .3100 Lead Poisoning Prevention in Children
Program, in lieu of the requirements set out in Paragraphs (a) -_
(e) of this Rule, shall be required to take and successfully
complete the North Carolina State of Practice course entitled
"Lead Investigation and Abatement" and shall pass the written
test provided by that course.
(g) After the applicant has successfully completed the written
test, the regional specialist shall conduct a field evaluation of
the applicant's knowledge, skills, and ability to enforce the
provisions of G.S. 130 A and the rules of the Commission.
Following the field evaluation, the regional specialist shall
make a recommendation to issue or deny the authorization to
the Director of the Division of Environmental Health.
History Note: Authority 130A-4;
Temporary Adoption Eff. March L. 1998.
.0103 DELEGATION OF AUTHORITY
Upon determination that the criteria in Rules .0101 and
.0102 of this Section have been met and none of the reasons for
denial listed in Rule .0107 of tliis Section exist, and upon a
review of the recommendation of the regional specialist, the
Director. Division of Environmental Health, shall rule on the
request for authorization. An Identification Card shall be
issued by the Division to each person authorized to enforce
provisions of G.S. 130 A and the rules of the Commission. The
card shall be carried by the agent at aU times when on duty.
The card is the property of tfie Division and shall be returned
to the Division upon separation of employment, suspension, or
revocation of authorization or failure to maintain registration
with the NC Board of Sanitarian Examiners.
History Note: Authority G.S. 130A-4;
Temporary Adoption Eff. March l^ 1998.
.0104 LAPSED DELEGATIONS
The local health director shall request authorization for an
individual whose authorization in one or more areas of
authorization has lapsed.
(1) An individual whose authorization in m area of
authorization has lapsed for a period of up to three
years shall be required to receive training as
determined by the regional specialist after a field
evaluation of the applicant's knowledge, skills, and
ability to enforce the rules.
An individual whose authorization in an area of
01
authorization has lapsed for a period of three years to
five years shall be required to meet all of the
requirements which apply to new applicants, except
that the individual shall be required to attend only the
portions of tlie centralized training course which are
directly applicable to the area of authorization
requested.
An individual whose authorization in an area of
authorization has lapsed for a period longer than five
years shall be required to meet all requirements
which apply to new applicants.
History Note: Authority G.S. 130A-4;
Temporary Adoption Eff. March L^ 1998.
01
.0105 AGENTS SERVING AS CONTRACTORS
The Division may allow an agent who is authorized in a
specific local health department to contract with another local
health department to provide services to the other local health
department. When a local health department contracts for such
services, the contractin g department shall provide a statement
to tlie Division on progress made to employ an individual who
may be considered for authorization.
(1) A contract shall be created between the contracting
local health department and the agent (contractor) to
include at least the following provisions:
(a) Names and addresses of each p arty.
Scope of work to be performed.
A requirement that the original public records
remain in the local health department in which
the work is performed. The public records
shall be left at tfie local health department or
ic)
72./ 7
NORTH CAROLINA REGISTER
March 2, 1998
1618
TEMPORARY RULES
with an individual employed by the local
health department who shall be responsible for
returning said records to the local health
depanment within two business days of the
service provided.
(d) Designation of the party responsible for
maintaining public records created by the
agent.
(e) A requirement that the contracting agent be
available for consultation to the public being
served during usual business hours.
(f) A requirement that the contracting agent be
available for any hearing or other legal
proceeding which may ensue from activities
conducted by the agent.
(2) The contracting agent shall maintain a list of each
activity and the date performed for review in
accordance with Item (3) of this Rule.
(3) Each public record created by the contracting agent
shall be reviewed, dated, and initialed by an
authorized agent of the contracting local health
department. In addition, at least K) percent of the
activities performed by the agent shall be reviewed in
the field by an authorized agent employed by the
contracting local health department. If the
contracting local health department has no authorized
employee, the Division shall conduct a review of
each public record created by the contracting agent.
In addition, at least 10 percent of the activities
performed by the agent shall be reviewed on-site in
the field by the Division. The review shall be
conducted each month and shall cover the previous
month's activities conducted by the agent.
History Note: Authority G.S. 130A-4:
Temporary Adoption Eff. March L. 1998.
(6) incompetency or unprofessionalism in performing
authorized duties:
(7) neglect of duty: or
(8) failure to properly interpret and enforce laws, rules,
and policies.
(b) Alternatively, the Director. Division of Environmental
Health may place an individual on conditional status for a
period not to exceed six months if tlie individual's failure to
properly enforce laws, rules and policies may be corrected with
additional education and oversight. The Director may suspend
or revoke the authorization anytime during the conditional
period if satisfactory progress is not made and the Director
shall suspend or revoke the authorization after the conditional
period if the individual does not demonstrate the necessary
knowledge, skills and ability to warrant an unconditional
authorization.
History Note: Authority G.S. 130A-4;
Temporary Adoption Eff. March I_^ 1998.
.0108 RE-AUTHORIZATION
If an individual's authorization has been suspended, the
authorization shall be reinstated upon determination by the
Division that the reasons for suspension no longer exist. If an
agent's authorization has been revoked for failure to comply
with the requirements found in Rule .0107(a)(2) or [Si of this
Section, the agent may apply for reinstatement five years after
the revocation becomes effective. If an individual's
authorization has been revoked for reasons other than those
found in Rule .0107(a)(2) or (5) of this Section, the agent may
reapply for authorization after six months from the date the
revocation becomes effective by satisfying the requirements of
Rules .0102 and .0103 of this Section. The Division may
refuse to re-authorize an individual if the Division determines
that the actions which were the basis for the revocation or
suspension are likely to reoccur.
.0106 EVALUATION
The regional specialist may, at aiiy time, evaluate the
performance of an authorized agent and recommend that the
Director. Division of Environmental Health, take corrective
action.
History Note: Authority G.S. 130A-4:
Temporary Adoption Eff. March 1. 1998.
History Note: Authority G.S. 130A-4:
Temporary Adoption Eff. March L. 1998.
.0107 DENIAL, SUSPENSION AND REVOCATION
(a) The Director. Division of Environmental Health, may
deny, suspend, or revoke the authorization to act as an agent of
the State for any of the following:
( 1 ) failure to satisfy the requirements for authorization in
Rules .2302. .2303 and .2306 of this Section:
fraud, deceit, dishonesty, or perjury in obtaining
authorization or m performing authorized duties:
abuse of controlled substances:
drug or alcohol induced intoxication on duty:
defrauding the public or attempting to do so;
01
ill
til
111
.0109 APPEALS PROCEDURES
Appeals concerning denials, suspensions and revocations of
authorization under these Rules shall be made in accordance
with G.S. 150B. An individual whose authorization has been
suspended or revoked and who timely requests an appeal may
continue to work as aii authorized agent until a final agency
decision is made pursuant to G.S. 150B-36: however, all
inspection forms and permits completed by the agent during
that period must be countersigned by another authorized agent
who concurs with the findings and conclusions reflected on the
inspection forms and permits.
History Note: Authority G.S. 130A-4:
Temporar\ Adoption Eff. March L. 1998.
1619
NORTH CAROLINA REGISTER
March 2, 1998
12:17
APPROVED RULES
Tins Section includes the Register Notice citation to Rules approved by the Rides Review Commission (RRC) at its meeting
of December 18. 1997 pursuant to G. S. 150B-21.1 7(a) (1) and reported to the Joint Legislative Administrative Procedure
Oversight Committee pursuant to G.S. 150B-21.16. The full text of rules are published below when the rules have been
approved by RRC in a form different from that originally noticed in the Register or when no notice was required to be
published in the Register. The rules published in full text are identified by an * in the listing of approved rules. Statutory
Reference: G.S. 150B-21. 17.
These rules unless othern'ise noted, will become effective on the 31st legislative day of the 1998 Short Session of the General
Assembly or a later date if specified by the agency unless a bill is introduced before the 31st legislative day that specifically
disapproves the rule. If a bill to disapprove a rule is not ratified, the rule will become effective either on the day the bill
receives an unfavorable final action or the day the General Assembly adjourns. Statutory reference: G.S. 1508-21. 3.
APPROVED RULE CITATION
REGISTER CITATION TO THE
NOTICE OF TEXT
2
NCAC
48D
.0103*Amended Eff. 1-1-98
2
NCAC
52A
.0104*
2
NCAC
52A
.0105
2
NCAC
52A
.0106-
.0109*
2
NCAC
52D
.0101*
4
NCAC
19L
.0401*
4
NCAC
19L
.0404*
4
NCAC
19L
.0505*
4
NCAC
19L
.0707 -
.0708*
4
NCAC
19L
.0911*
4
NCAC
19L
.1009*
4
NCAC
19L
.1011*
4
NCAC
19L
.1303*
4
NCAC
19L
.1703*
4
NCAC
19L
.1804-
.1805*
10
NCAC
03R
.3073 -
.3074*
10
NCAC
03R
.3081*
10
NCAC
45H
.0203*
11
NCAC
12
.1703* Amended Eff. 1-1-98
12
NCAC
lOB
.0101
12
NCAC
lOB
.0107*
12
NCAC
lOB
.0202*
12
NCAC
lOB
.0204*
12
NCAC
lOB
.0206
12
NCAC
lOB
.0505*
12
NCAC
lOB
.0601*
12
NCAC
lOB
.0603*
12
NCAC
lOB
.0605*
12
NCAC
lOB
.0702
12
NCAC
lOB
.0703 -
.0704*
12
NCAC
lOB
.0705 -
.0706
12
NCAC
lOB
.0707*
12
NCAC
lOB
.0801
12
NCAC
lOB
.0802*
12
NCAC
lOB
.0903*
12
NCAC
lOB
.0908
12
NCAC
lOB
.0909*
12
NCAC
lOB
.0910-.
0911
12
NCAC
lOB
.1002*
12
NCAC
lOB
.1004-
.1005
12
NCAC
lOB
.1006*
not required, G.S. 150B-21.5(1)(5)
12
03 NCR 169
12
03 NCR 169
12
03 NCR 169
12
03 NCR 170
11
14 NCR 1113
11
14 NCR 1113
11
14 NCR 1113
11
14 NCR 1113
11
14 NCR 1113
11
14 NCR 1113
11
14 NCR 1113
11
14 NCR 1113
11
14 NCR 1113
11
14 NCR 1113
12
04 NCR 260
12
04 NCR 266
11
29 NCR 2208
not required, G.S. 150B-2 1.5(5)
12:08 NCR 624
12:08 NCR 624
12:08 NCR 624
12:08 NCR 624
12:08 NCR 624
12:08 NCR 624
12:08 NCR 624
12:08 NCR 624
12:08 NCR 624
12:08 NCR 624
12:08 NCR 624
12:08 NCR 624
12:08 NCR 624
12:08 NCR 624
12:08 NCR 624
12:08 NCR 624
12:08 NCR 624
12:08 NCR 624
12:08 NCR 624
12:08 NCR 624
12:08 NCR 624
12:08 NCR 624
12:17
NORTH CAROLINA REGISTER
March 2, 1998
1620
APPROVED RULES
12
NCAC
lOB
.1202*
12
NCAC
lOB
.1204 -
.1205
12
NCAC
lOB
.1206*
13
NCAC
16
.0101*
13
NCAC
16
.0102*
- .0103
13
NCAC
16
.0201*
13
NCAC
16
.0202 -
.0208
13
NCAC
16
.0301 -
.0303*
13
NCAC
16
.0401
13
NCAC
16
.0402*
13
NCAC
16
.0501*
13
NCAC
16
.0502
15A
NCAC
02L
.0106*
15A
NCAC
02N
.0701*
15A
NCAC
02 P
.0402
15A
NCAC
06E
.0104-
.01 05* Amended Eff.
1-1-98
15A
NCAC
07M
.0303* Amended Eff. 1-1-98
15A
NCAC
08F
.0203*
15A
NCAC
24A
.0202
16
NCAC
06C
.0307* Amended Eff. 1-1-98
16
NCAC
06D
.0103*Amended Eff. 1-1-98
16
NCAC
06D
.0301* Amended Eff. 1-1-98
16
NCAC
06G
.0305 -
.0308*Amended Eff.
1-1-98
21
NCAC
12
.0202
21
NCAC
32H
.0102*
21
NCAC
32H
.0201*
21
NCAC
32H
.0202 -
.0203
21
NCAC
32H
.0301 -
.0303
21
NCAC
32H
.0401
21
NCAC
32H
.0402 -
.0404*
21
NCAC
32H
.0405 -
.0408
21
NCAC
32H
.0409*
21
NCAC
32H
.0501 -
.0506
21
NCAC
32H
.0507*
21
NCAC
32H
.0508
21
NCAC
32H
.0601 -
.0602
21
NCAC
32H
.0801*
21
NCAC
32H
.0901
21
NCAC
32H
.1004
21
NCAC
36
.0109
12:08 NCR 624
12:08 NCR 624
12:08 NCR 624
12:05 NCR 412
12:05 NCR 412
12:05 NCR 412
12:05 NCR 412
12:05 NCR 414
12:05 NCR 414
12:05 NCR 414
12:05 NCR 414
12:05 NCR 414
11:21 NCR 1640
11:21 NCR 1649
11:21 NCR 1650
not required, G.S.
11
11
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
11
11 NCR 927
28 NCR 2125
07 NCR 523
01 NCR 19
01 NCR 19
01 NCR 19
01 NCR 19
07 NCR 525
04 NCR 295
04 NCR 295
04 NCR 297
04 NCR 298
04 NCR 299
04 NCR 300
04 NCR 303
04 NCR 305
04 NCR 305
04 NCR 309
04 NCR 310
04 NCR 310
04 NCR 311
04 NCR 311
04 NCR 312
28 NCR 2130
1503-21. 5
TITLE 2 - DEPARTMENT OF AGRICULTURE
CHAPTER 48 - PLANT INDUSTRY
SUBCHAPTER 48D - LIMING MATERIALS AND
LANDPLASTER
SECTION .0100 - LEVIING MATERIALS AND
LANDPLASTER
.0103 LABELING
(a) Limestone labels shall give the following infonnation:
( 1 ) net weight;
(2) brand name truly descriptive of product:
(3) euaranteed analysis in form and order as follows:
Percent:
Percent;
(A) Calcium
(B) Magnesium
(C) Calcium Carbonate Equivalent
Percent;
(D) Percent passing 20 mesh screen;
(E) Percent passing 100 mesh screen;
(4)
pounds of this material equals one ton of
standard agricultural liming material;
(5) manufacturer or registrant's name and address.
(b) Landplaster labels shall give the following information:
(1) net weight;
(2) brand name;
(3) guaranteed analysis Calcium Sulfate Percent;
(4) manufacturer or registrant's name and address.
(c) Suspension limestone labels shall give the following
1621
NORTH CAROLINA REGISTER
March 2, 1998
12:17
APPROVED RULES
information:
(1) net weight (total mixture);
(2) brand name truly descriptive of product;
(3) guaranteed analysis (total mixture) as follows:
(A)
(B)
(C)
(D)
(E)
Calcium
Magnesium
Calcium Carbonate
Percent;
Percent;
Percent;
Equivalent
Percent passing a 20 mesh screen;
Percent passing a 100 mesh screen;
(4)
pounds of this material equals one ton of
standard liming material;
(5) manufacturer or registrant's name and address.
Note (1): (The following example pertains to Paragraph (a) of
this Rule.) If the product is 28 percent calcium, 6 percent
magnesium, 70 percent calcium carbonate equivalent, 90
percent passes a 20 mesh screen and 35 percent passes a 100
mesh screen, the limestone label should read:
XYZ Ground Dolomitic Limestone
Guaranteed Analysis
Calcium 28 Percent
Magnesium 6 Percent
Calcium Carbonate Equivalent 70 Percent
90 Percent passing 20 mesh screen
35 Percent passing 100 mesh screen
2571 pounds of this material equals one ton of standard
liming material (9/7 x 2000 lbs.)
Manufacturer or registrant's name and address
Note (2): (The following example pertains to Paragraph (c) of
this Rule.) If 50 percent of mixture is limestone with 30
percent calcium, 12 percent magnesium, 100 percent passing a
20 mesh screen and 80 percent passing a 100 mesh screen; 50
percent of mixture is carrier; calcium carbonate equivalent is
100 percent, the suspension limestone label should read:
Suspension Dolomitic Limestone
Guaranteed Analysis
Calcium 15 Percent
Magnesium 6 Percent
Calcium Carbonate Equivalent 50 Percent
100 Percent passing a 20 mesh screen
80 Percent passing a 100 mesh screen
3600 pounds of this product equals one ton of standard
liming material
Manufacturer or registrant's name and address,
(d) Pelletized lime (to be sold in bags only not to exceed 100
pounds):
(1) net weight;
(2) brand name truly descriptive of the product;
(3) a statement in letters at least one half as large as the
(4)
letters in the brand name or three-eighths inch in
height, whichever is less, as follows: "For
incorporation-after application, wet thoroughly 30
minutes before tilling";
guaranteed analysis:
(A)
Calcium Percent;
(B)
Magnesium Percent;
(C)
Calcium Carbonate Equivalent
Percent;
(D)
Percent passing a
screen;
(E)
Percent passing a
20 mesh
100 mesh
screen;
manufacturer's or registrant's name and address.
(e) Fine granular lime (to be sold in bags only not to exceed
100 pounds):
(1) net weight;
brand name truly descriptive of the product;
a statement in letters at least one half as large as the
letters in the brand name or one inch in height,
whichever is less, as follows: "For use on existing
turf only";
guaranteed analysis:
(5)
(2)
(3)
(4)
(A)
(B)
(C)
(D)
(E)
Calcium
Magnesium
Percent;
Percent;
Calcium Carbonate Equivalent
Percent;
Percent passing
a 20 mesh
screen;
(5)
(0 2
Percent passing a 100 mesh
screen;
manufacturer's or registrant's name and address.
NCAC 48D .0103(d) shall be effective July 1, 1985.
History Note: Authority G.S. 106-92.16;
EJf. My 1. 1980:
Amended Eff. September 1, 1984;
Transferred from T02.11D Eff. January 1. 1985;
Amended Eff. Januan L. 1998: July 1. 1986.
CHAPTER 52 - VETERINARY DIVISION
SUBCHAPTER 52A - RULES AND REGULATIONS
ADOPTED BY REFERENCE
SECTION .0100 - ADOPTIONS BY REFERENCE
.0104 MEAT FACILITIES REQUIREMENTS
The "Federal Facilities Requirements for Existing Meat
Plants," as published by the United States Department of
Agriculture, Food Safety and Inspection Service, including
subsequent amendments and editions, are hereby incorporated
by reference. Copies of this material may be obtained from the
Meat and Poultry Inspection Service at no cost.
History Note: Authority G.S. 106-549.22;
Eff. April 1, 1984;
12:17
NORTH CAROLINA REGISTER
March 2, 1998
1622
APPROVED RULES
Amended Eff. July 1 . 1998.
SECTION .0100 - STANDARDS: OFFICIAL MARK
.0106 CONSTRUCTION OF MEAT PLANTS
The volume entitled "United States Meatpacking Plants: A
Guide to Constmction, Equipment and Layout," Agriculture
Handbook No. 570, as published by the United States
Department of Agriculture, Food Safety and Inspection Service,
including subsequent amendments and editions, are hereby
incorporated by reference. Copies of this material may be
obtained from the Meat and Poultry Inspection Sen/ice at no
cost.
History Note: Authority G.S. 106-549.22;
Eff. April 1. 1984;
Amended Eff. July 7. 1998.
.0 1 07 LABELING MEAT AND POULTRY PRODUCTS
The volume entitled "Standards and Labeling Policy Book,"
as published by the United States Department of Agriculture,
Food Safety Inspection Service, Standards and Labeling
Division, including subsequent amendments and editions, are
hereby incorporated by reference. Copies of this material may
be obtained from the Superintendent of Documents, U.S.
Government Printing Office. Washington, D.C. 20402, at a
cost of ninety-eight dollars (S98.00).
History Note: Authority G.S. 106-549.22;
Eff. Apr! I 1. 1984;
Amended Eff. July 1. 1998.
.0108 SANITATION HANDBOOK
The "FSIS Directive 11.000.2 - Plant Sanitation," published
by the United States Department of Agriculture, Food Safety
and Inspection Service, Science and Technology Branch,
Facilities, Equipment and Sanitation Division, including
subsequent amendments and editions, are hereby incorporated
by reference. Copies of this material may be obtained from the
Meat and Poultry Inspection Ser\'ice at no cost.
History Note: Authority G.S. 106-549.22;
Eff. April 1, 1984;
Amended Eff Julx 1. 1998.
.0109 INSPECTION MANUAL
The "Meat and Poultry Inspection Manual," published by the
United States Department of Agriculture. Food Safety and
Inspection Service, Inspection Operations, including subsequent
amendments, are hereby incorporated by reference. Copies of
this material may be obtained from the Meat and Poultry
Inspection Service at no cost.
History Note: Authority G.S. 106-549.22;
Eff. April 1. 1984;
Amended Eff Jul\ 1. 1998.
SUBCHAPTER 52D - MEAT AND POULTRY
LNSPECTION
.0101 CERTAIN STANDARDS ADOPTED:
EXCEPTIONS
The Rules, Regulations, Definitions and Standards of the
United States Department of Agriculture governing meat and
meat products inspection, poultry products inspection,
voluntary inspection of poultry and humane methods for
slaughtering animals. Subchapters A, B, C, and D, Title 9, Part
301 et. seq.. Code of Federal Regulations, are hereby
incorporated by reference, including subsequent amendments
and editions, subject to the following exceptions:
(1) Conformity of Federal Regulations to North Carolina
Authority is Assumed. To conform federal
regulations to North Carolina Authority, references
in the federal regulations to the "Secretary of
Agriculture," the "United States Department of
Agriculture," the "Food Safety and Inspection
Service," its "Administrator" and "Officer in
Charge" shall be deemed to refer to the
corresponding North Carolina authority, the
"Commissioner of Agriculture," the "North Carolina
Department of Agriculture and Consumer Services,"
the "Meat and Poultry Inspection Service" and its
"Director for Meat and Poultry Inspection Service"
and the "Area Supervisors." References to
"interstate commerce" shall be deemed to refer to
"intrastate commerce" within North Carolina.
(2) Statutory references to the "Federal Meat Inspection
Act" shall be deemed to refer to the corresponding
provisions of the "North Carolina Meat Inspection
Law," Article 49B and Anicle 49C of Chapter 106 of
the North Carolina General Statutes.
(3) Stamtory references to the "Federal Poultry Products
Inspection Act" shall be deemed to refer to the
corresponding provisions of the "North Carolina
Poultry Products Inspection Act," Article 49D of
G.S. 106.
(4) References to federal marks of inspection, forms,
overtime rates and charges shall be deemed to refer
to the corresponding North Carolina marks of
inspection, forms, and overtime rates and charges.
These rates are established by the Commissioner
pursuant to G.S. 106-549.69 to cover the cost of
providing the service. Standards of the Federal
Food, Drug and Cosmetic Act incorporated in the
federal regulations are applicable to these articles.
Copies of the above are available for inspection in the Office of
the Director of the State Meat and Poultry Inspection Service
and may be obtained at a cost of one hundred and eighteen
dollars (SI 18.00) per copy by contacting the Superintendent of
Documents, U.S. Government Printing Office, Washington,
D.C. 20402.
History Note: Authority G.S. 106-549.21; 106-549.22;
106-549.28;
Eff. April 1, 1984;
1623
NORTH CAROLINA REGISTER
March 2, 1998
12:17
APPROVED RULES
Amended EJf. My_ L 1998: July 1, 1986; April 1, 1985;
Januar\ 1, 1985.
TITLE 4 - DEPARTMENT OF COMMERCE
CHAPTER 19 - DIVISION OF COMMUNITY
ASSISTANCE
SUBCHAPTER 19L - NORTH CAROLINA
COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM
SECTION .0400 - DISTRIBUTION OF FUNDS
.0401 GENERAL
(a) The Division shall designate specific due dates or open
periods of time for submission of grant applications under each
category, based on the amount of funds available and
coordination with other federal program funding cycles.
Urgent Needs applications may be submitted at any time.
(b) In cases where the Division makes a procedural error in
the application selection process that, when corrected, would
result in awarding a score sufficient to warrant a grant award,
the Division may compensate that applicant at the earliest time
sufficient funds become available or with a grant in the next
funding cycle.
(c) Applicants may apply for funding under the grant
categories of Community Revitalization, Housing
Development, Community Empowerment, Demonstration and
Urgent Needs. Applicants shall not apply for Contingency
funding. Contingency awards may be made to eligible
applicants in any category.
History Note: Authority G.S. 143B-10; 143B-431; 24 C.F.R.
570.483;
Eff. July 1, 1982;
Amended Eff. August L 1998: March 1. 1986; October 1.
1984; March 1, 1984.
.0404 GRANT CATEGORY ALLOCATION
Each program year, funds shall be reserved for each grant
category. When authorized by the General Assembly the
Division may set aside up to two percent for demonstration
grants. The remaining funds shall be distributed by the
Division to Community Revitalization grant applications unless
otherwise specified in the General Assembly.
History Note: Authoritx G.S. 143B-10; 143B-431; 42 U.S. C.
5304; 24 C.F.R. 570.482; 24 C.F.R. 570.4831;
Eff. July 1. 1982;
Amended Eff. Aug ust L 1998; June 1, 1994; June 1, 1993;
May 1. 1992; April /, 1990.
SECTION .0500 - COMMUNITY REVITALIZATION
PROJECTS
.0505 SELECTION CRITERIA
Projects shall be evaluated and rated in accordance with the
following rating factors:
(1) benefit to low and moderate income persons,
(2) project severity of need,
(3) project treatment of need,
(4) appropriateness and feasibility of proposed project
activities, and
(5) local commitment of funds and community efforts.
History Note: Authority G.S. 143B-10; 143B-431; 42
U.S.C.A. 5304(a)(1); 24 C.F.R. 570.483;
Eff. July 1. 1982;
Amended Eff. Aug ust L. 1998: March 1. 1995; June 1, 1993;
March 1, 1986; March 1, 1984.
SECTION .0700 - DEMONSTRATION PROJECTS
.0707 ELIGIBILITY REQUIREMENTS
(a) Applications for Demonstration Projects must show that:
(1) the proposed project meets a national objective in
accordance with 24 CFR 570.483; and
(2) the proposed project meets the specific purpose and
priorities adopted by the General Assembly.
Applicants that do not meet these eligibility requirements shall
not be considered for funding.
(b) Applicants shall have the capacity to administer a CDBG
program. The Division may examine the following areas to
determine capacity:
(1) audit and monitoring findings on previously funded
Community Development Block Grant programs, and
the applicant's fiscal accountability as demonstrated
in other state and federal programs or local
government financial reports; and
(2) the rate of expenditure of funds and accomplishments
in previously funded CDBG programs.
Applicants that show a lack of capacity shall not be considered
for funding.
History Note: Authority G.S. 143-323;
U.S.C.A. 5301; 24 C.F.R. 570.489;
Eff August 1. 1998.
143B-10; 42
.0708 SELECTION CRITERIA
Selection criteria for demonstration grants shall be:
( 1 ) Benefit to low and moderate income people.
(2) Eligibility of activities.
(3) Project feasibility.
History Note: Authority G.S. 143-323;
U.S.C.A. 5301; 24 C.F.R. 570.489;
Eff. August 1. 1998.
143B-10; 42
SECTION .0900 - GRANT ADMINISTRATION
.091 1 RECORDKEEPING
(a) The Secretary of the Department of Commerce, the
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NORTH CAROLINA REGISTER
March 2, 1998
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APPROVED RULES
Secretary of the Department of Housing and Urban
Development, or any of their duly authorized representatives
shall have access to all books, accounts, records, reports, files,
and other papers or property of recipients or their subgrantees
and contractors pertaining to funds provided under this
Subchapter for the purpose of making surveys, audits,
examinations, excerpts and transcripts.
(b) All Community Development Program records that are
public under G.S. 132 shall be made accessible to interested
individuals and groups during normal working hours, and shall
be maintained at all times at the recipient's local government
office.
(c) Financial records, supporting documents and all other
reports and records required under this Subchapter, and all
other records pertinent to the Community Development
Program shall be retained by the recipient for a period of three
years from the date of the closeout of the program, except as
follows:
(1) Records that are the subject of audit findings shall be
retained for three years or until such audit findings
have been resolved, whichever is later;
(2) Records for nonexpendable property which was
acquired with Federal grant funds shall be retained
for three years after its final disposition;
(3) Records for any displaced person shall be retained
for three years after he/she has received final
payment;
(4) Records pertaining to each real property acquisition
shall be retained for three years after settlement of
the acquisition, or until disposition of the applicable
relocation records in accordance with Subparagraph
(3) of this Section, whichever is later; and
(5) If a litigation, claim or audit is started before the
expiration of the three year period, the records shall
be retained until all litigations, claims, or audit
findings involving the records have been resolved.
(d) All records shall be sufficient to determine compliance
with the requirements and primary objectives of the Community
Development Block Grant Program and all other applicable
laws and regulations. All accounting records shall be supported
by source documentation and shall be in compliance with Rule
.0906 of this Section.
dwelling;
(1) shall contain a room or defined area for the safe,
sanitary storage and preparation of food.
(2) shall contain a bathroom with permanently affixed
and properly operating fixtures.
(3) shall have a one time treatment for insects and pests.
(4) shall have a structurally sound building foundation
system.
(5) shall have structurally sound flooring systems.
(6) shall have structurally sound wall systems.
(7) shall have a structurally sound roofing system.
(8) shall have at least two remotely located doors for
means of egress.
(9) shall have electrical wiring and fixtures that are safe
and operating properly.
(10) shall have plumbing fixtures and piping that are safe
and operating properly.
(11) shall have a heating source capable of heating the
entire dwelling unit to 70 degrees Fahrenheit when
the outside temperature is degrees.
(12) shall contain a U.L. approved smoke detector wired
directly to the electrical panel with battery back up.
(c) Construction or rehabilitation work on all dwelling units,
assisted entirely or partially with CDBG funds, shall comply
with the North Carolina State Building Code, Volumes I-X, as
applicable.
(d) Section 8 Housing Quality Standards shall not be
applicable when work is funded under Local Option Activities
as described in Rule .0403(c) of this Subchapter.
(e) Housing rehabilitation activities must comply with the
following standards required under this Subchapter:
( 1 ) Lead-based paint (Rule .1011); and
(2) Equal opportunity (Rule .1001).
(f) The recipient shall provide for benefits to any person
involuntarily and permanently displaced as a result of the use
of CDBG assistance to substantially rehabilitate property in
accordance with 49 CFR Part 24.
(g) Homes inhabited by disabled or elderly persons must be
analyzed as to the physical needs of such persons.
Improvements such as widened doorways, ramps, level entry
and doorways, and grab bars in bath areas must be installed if
appropriate.
History Note: Authority G.S. 143B-10: 143B-431: 42
U.S.C.A. 5304(d)(2), (e): 24 C.F.R. 570.490;
Ejf. July 1. 1982:
Amended Eff. August L 1998: June 1, 1993: September 1,
1990: May 1, 1988: April 1, 1983.
History Note: Authority G.S. 143B-10; 1438-431; 24 C.F.R.
570.487; 42 U.S.C.A. 5305(a);
Eff. July 1. 1982;
Amended Eff. August L 1998; May 1. 1988; March 1, 1984;
April 1, 1983.
SECTION .1000 - COMPLIANCE REQUIREMENTS
.1009 HOUSING REHABILITATION
(a) Grant assistance may be used for housing rehabilitation
activities eligible under Rule .0301 of this Subchapter.
(b) The local government shall provide a work write up
which precisely defmes the rehabilitation work to be undertaken
to bring the dwelling up to the following standards. The
.1011 LEAD-BASED PAINT
(a) The recipient must comply with the Lead-Based Paint
Poisoning Prevention Act [42 U.S. C. 4831(b)], 24 CFR Part
570.608, and 24 CFR Pan 35, including provisions and
subsequent amendments of the above:
( 1 ) prohibiting the use of lead-based paint;
(2) requiring elimination of lead-based paint hazards;
and
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NORTH CAROLINA REGISTER
March 2, 1998
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APPROVED RULES
(3) requiring notification of the hazards of lead-based
paint poisoning to purchasers, owners and tenants of
housing constructed prior to 1978 which was
acquired or rehabilitated with CDBG assistance.
(b) All construction contracts as described in this Rule shall
contain a provision prohibiting the use of lead based paint.
(c) In lieu of the testing procedures set forth in the 1996
HUD Guidelines, the recipient may forego testing and abate all
applicable surfaces in accordance with the methods set out in
the HUD regulations.
(d) Lead-based paint hazard evaluation and abatement
activities financed with CDBG funds must be conducted by
individuals and firms that are certified in accordance with the
applicable EPA and HUD requirements for Lead Based Paint
activities.
History Note: Authority G.S. 143B-10: 143B-431; 42
U.S.C.A. 5304(bj(4): 42 U.S.C.A. 4821 through 4846:
EJf. July 1, 1982:
Amended EJf. Au gust L 1998: June 1, 1994; June 1, 1993:
May 1, 1988.
SECTION .1300
HOUSING DEVELOPMENT
PROJECTS
(2)
(3)
(4)
community impact,
project design, and
financial feasibility.
History Note: Authority G.S. 143B-10; 1438-431: 24 C.F.R.
570.489:
Eff. March 1. 1995;
Amended EJf. August 1. 1998.
SECTION .1800 - NORTH CAROLINA
DEVELOPMENT LOAN FUND
.1804 SIZE OF LOAN APPROVALS
(a) Maximum and minimum loan amounts as set by the
General Assembly shall be published by the Division in the
annual CDBG Consolidated Plan Action Plan, part of the North
Carolina Consolidated Plan.
(b) Development Loan Funds approved shall not count
toward a community's receipt of CDBG funds in any program
year as outlined in Rule .0403 of this Subchapter.
History Note:
Subpart M;
Eff. Aug ust L.
Authority G.S. 1438-431; 24 C.F.R. 570
1998.
.1303 SELECTION CRITERIA
(a) The Division may accept applications at any time after
the beginning of the program year.
(b) Housing Development projects shall be rated by the
Division against the following specific criteria:
(1) 85% of the project rating shall be based upon the
project design including the feasibility of the project,
its financial design, the capacity and experience of
the applicant and other parties involved, the amount
of leveraging other funds, the suitability of the site
and surroimding amenities, and the demand from the
marked; and
(2) 15% of the project rating shall be based upon the
benefit to low and moderate income persons both
immediate and long-term.
History Note: Authority G.S. 1438-10: 1438-431; 24 C.F.R.
570.489;
Eff. March 1. 1986;
Amended Eff. August L 1998: June 1, 1994; June 1. 1993;
April 1, 1990.
SECTION .1700 - COMMUNITY EMPOWERMENT
PROJECTS
. 1 703 SELECTION CRITERIA
Localities that have Community Empowerment grants that
are open may not apply for additional funds under this category
until the grant is closed. In addition, local governments may
have only one Community Empowerment application under
review at one time. Criteria for awards are:
(1) community need.
.1805 SELECTION CRITERIA
Projects will be evaluated and maybe approved in accordance
with the following selection factors:
(1) Public benefit,
(2) Project feasibility,
(3) Cash flow of the project,
(4) Collateral of the project.
History Note: Authority G.S. 1438-431; 24 C.F.R. 570
Subpart M;
Eff. Aug ust 1. 1998.
TITLE 10 - DEPARTMENT OF HUMAN RESOURCES
CHAPTER 3 - FACILITY SERVICES
SUBCHAPTER 3R - CERTmCATE OF NEED
REGULATIONS
SECTION .3000 - PLANNING POLICIES AND
NEED DETERMINATIONS
.3073 DEMONSTRATION PROJECT ON PEDIATRIC
NURSING CARE NEED DETERMINATON
(REVIEW CATEGORY G)
(a) It is determined that nine nursing facility beds are needed
to demonstrate the efficacy of short-term (less than 30 days)
care of medically fragile infants and children. This
demonstration project shall provide services to support
medically fragile children who are primarily cared for at home
and shall provide data to assist in determining if these children
12:17
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March 2, 1998
1626
APPROVED RULES
can be successfully cared for at home over the long-term with
intermittent inpatient nursing facility admission. Because of
improved medical procedures and care, more infants with
complex medical needs are surviving and are being discharged
from hospitals. The medical equipment and care needed by
these children in the home is quite sophisticated. Pediatric
patients suffering from acquired brain injury or from major
trauma with significant orthopaedic problems may also require
continued services, which include intermittent inpatient nursing
care services, after discharge from rehabilitation hospitals. The
proposed project shall be designed to ease the transition from
the hospital environment to care at home for these patient
groups. It shall also offer respite care and other services to low
birth-weight children, to children with serious chronic
conditions, and to children with rehabilitation needs.
(b) An applicant for the project shall demonstrate that home
health services shall be provided through a home health agency.
Furthermore, an applicant shall demonstrate coordination with
other health services, including a hospice provider, an acute
care provider, and an inpatient rehabilitation provider. Project
oversight shall include at least one Pediatrician who is willing
to serve as medical advisor and willing to assist in evaluation
of the demonstration project's effectiveness. The goal of the
services provided shall be for long-term maintenance of the
pediatric patient at home.
(c) The demonstration project shall provide data to evaluate
the effectiveness of this type of program in at least these ways:
(1) Enhanced parent confidence/willingness to care for
the child at home;
Reduced length of stay for hospitalization episodes;
Reduced hospitalizations/rehospitalizations;
Reduced incidence of institutionalization of children
to long-term care facilities;
Outcomes of care - especially relative to
rehabilitation, chronic disease care;
Cost data - cost efficiencies, expense,
reimbursement issues.
(d) The demonstration project shall provide data to evaluate
if additional programs in North Carolina would benefit the
medically fragile pediatric population. Data shall be provided
to the NC State Health Coordinating Council at the end of each
of the project's first five operating years.
(2)
(3)
(4)
(5)
(6)
Number of Nursing
Geographic Area
Beds Needed for the Pediatnc
Demonstration Project
Statewide
9
Histon- Note: Authority' G.S. 131 £-176(25); 131E-177(1);
131E-183(b):
Temporary Adoption EJf. Janitar\- 2, 1997;
Eff. August 1. 1998.
.3074 HOME HEALTH AGENCY OFnCE NEED
DETERMINATION (REVIEW CATEGORY F)
(a) It is determined that the Health Service Areas identified
in 10 NCAC 3R .3054(a) and listed in this Rule may have a
need for additional home health agency offices.
(b) Applications for certificates of need for home health
agency offices filed pursuant to these adjusted need
determinations shall demonstrate:
(1)
(2)
(3)
that the applicant proposes to address the needs of at
least one of the following special needs groups:
(A) racial minorities,
(B) nursing home patients in transition to the
community,
(C) HIV/AIDS patients,
(D) Alzheimer's Disease/senile dementia patients,
or
(E) underserved patients in rural counties; and
that the applicant proposes to serve, during its first
operating year, at least 50 patients who are members
of the special groups identified in Subparagraph (1),
of this Rule; and
that either:
(A) home health agencies currently serving the
geographic area are not meeting the needs of
the groups the applicant proposes to serve; or
(B) the proposed home health agency office will
offer new or innovative services not currently
being offered by home health agencies that
serve the geographic area the applicant
proposes to serve.
HSA Number of Agencies
or Offices Needed
History Note: Authority G.S. 131E-176(25); 131E-177(1);
131E-183(b);
Temporary Adoption Eff. January 2. 1997;
Eff. August 1. 1998.
.3081 POLICIES FOR INPATIENT
REHABILITATION SERVICES
(a) Distribution of Inpatient Rehabilitation Beds. After
applying other required criteria, when superiority among two
or more competing rehabilitation facility certificate of need
applications is uncertain, favorable consideration shall be given
to proposals that make rehabilitation services more accessible
to patients and their families or are part of a comprehensive
1627
NORTH CAROLINA REGISTER
March 2, 1998
12:17
APPROVED RULES
regional rehabilitation networlc.
(b) Outpatient and Home Care. Reliabilitation care which
can be provided in an outpatient or home setting shall be
provided in these settings. All new inpatient rehabilitation
programs are required to provide comprehensive outpatient
rehabilitation services as part of their service delivery
programs.
History Note: Authority G.S. 1 31 E- 1 76(25); 131E-177(1);
13JE-183(b);
Temporary Adoption Ejf. January 2, 1997:
Eff. August 1. 1998.
CHAPTER 45 - COMMISSION FOR MENTAL
HEALTH, DEVELOPMENTAL DISABILITIES
AND SUBSTANCE ABUSE SERVICES
SUBCHAPTER 45H - DRUG TREATMENT
FACILITIES
SECTION .0200
SCHEDULES OF CONTROLLED
SUBSTANCES
.0203 SCHEDULE II
(a) Schedule II shall consist of the drugs and other
substances by whatever official name, common or usual name,
chemical name or brand name and designated listed in this
Rule. Each drug or substance has been assigned the Drug
Enforcement Administration controlled substances code number
set forth opposite it.
(b) Substances, Vegetable Origin or Chemical Synthesis.
Unless specifically excepted or unless listed in another
schedule, any of the following substances whether produced
directly or indirectly by extraction from the substances of
vegetable origin or independently by means of chemical
synthesis or by a combination of extraction and chemical
synthesis, is a Schedule II drug:
(1) opium and opiate, and any salt, compound,
derivative or preparation of opium or opiate,
excluding aponiorphine, thebaine-derived
butorphanol, nalbuphine, dextrorphan, naloxone,
naltrexone, and nalmefene and their respective salts
but including the following:
(A) Raw opium 9600
(B) Opium extracts 9610
(C) Opium fluid extracts 9620
(D) Powdered opium 9639
(E) Granulated opium 9640
(F) Tincture of opium 9630
(G) Codeine 9050
(H) Ethylmorphine 9190
(I) Hydrocodone 9193
(J) Hydromorphine 9150
(K) Metopon 9260
(L) Morphine 9300
(M) Oxycodone 9143
(N) Oxymorphone 9652
(O) Thebaine 9333
(P) Etorphine hydrochloride 9059
(2) any salt, compound, derivative or preparation thereof
which is chemically equivalent or identical with any
of the substances referred to in Subparagraph ( 1 ) of
this Paragraph (b), except that these substances shall
not include isoquinoline alkaloids of opium;
(3) opium poppy and poppy straw 9650
(4) coca leaves (9040) and any salts, compound,
derivative or preparation of coca leaves and any salt,
compound, derivative or preparation thereof which is
chemically equivalent or identical with any of these
substances, except that the substances shall not
include decocainized coca leaves or extraction of
coca leaves, which extractions do not contain cocaine
(9041) or ecgonine (9180);
(5) concentrate of poppy straw (the crude extract of
poppy straw in either liquid, solid or powder form
which contains the phenanthrine alkaloids of the
opium poppy) (9670).
(c) Opiates. Unless specifically excepted or unless in
another schedule any of the following opiates, including its
isomers, esters, ethers, salts and salts of isomers, esters and
ethers whenever the existence of such isomers, esters, ethers
and salts is possible within the specific chemical designation,
is a Schedule II drug, dextrorphan excepted:
(1) Alfentanil 9737
(2) Alphaprodine 9010
(3) Anileridine 9020
(4) Benzitramide 9800
(5) Carfentanil 9743
(6) Dihydrocodeine 9120
(7) Diphenoxylate 9170
(8) Fentanyl 9801
(9) Isomethadone 9226
(10) Levomethorphan 9210
(11) Levo-alphacetylmethadol [Some other names:
levo-alpha-acetylmethadol, 9648
levomethadyl acetate, LAAM]
(12) Levorphanol 9220
(13) Metazocine 9240
(14) Methadone 9250
(15) Methadone-Intermediate, 4-cyano-2-
dimethylamino-4,4-diphenyl butane 9254
(16) Moramide-Intermediate,2-methyl-3-morpholino-I,
1-diphenylpropane-carboxylic acid 9802
(17) Pethidine(meperidine) 9230
(18) Pethidine-Intermediate- A,4-cyano- 1 -methyl-4-phen
ylpiperidine 9232
(19) Pethidine-Intermediate-B, ethyl-4-
phenyIpipendine-4-carboxylaie 9233
(20) Pethidine-Intermediate-C,l-methyl-4-phenylpiperid
ine-4-carboxylic acid 9234
(21) Phenazocine 9715
(22) Piminodine 9730
(23) Racemethorphan 9732
(24) Racemorphan 9733
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NORTH CAROLINA REGISTER
March 2, 1998
1628
APPROVED RULES
(3)
(4)
(5)
(6)
(25) Remifentanil 9739
(26) Sufentanil 9740
(d) Stimulants. Unless specifically excepted or unless listed
in another schedule any material, compound, mixture or
preparation which contains an> quantity of the following
substances having a stimulant effect on the central nervous
system:
(1 ) Amphetamine, its salts, optical isomers, and salts of
its optical isomers 1 100
(2) Methamphetamine, its salts, isomers and salts of its
isomers 1105
Phenmetrazine and its salts 1631
Methylphenidate 1724
Phen\lacetone
Some trade or other names:
Phenyl-2-propanone; P2P; benzyl
methyl Ketone; meth\l benzyl Ketone; 8501
Phencyclidine 7471
(Al 1-Phenylcyclohexylamine 7460
(B ) 1 -Piperidinocyclohexanecarbonitrile
(PCC) 8603
(e) Depressants. Unless specifically excepted or unless
listed in another schedule, any material, compound, mi.xture or
preparation which contains any quantity of the following
substances having a depressant effect on the central nervous
system, including its salts, isomers and salts of isomers
whenever the existence of such salts, isomers and salts of
isomers is possible within the specific chemical designation:
(1) Amobarbital 2125
(2) Glutethimide 2250
(3) Pentobarbital 2270
(4) Secobarbital 2315
(f) Hallucinogenic Substances. Unless specificalh- excepted
or unless listed in another schedule, any material, compound,
mixture or preparation which contains any quantity of the
following substances ha\'mg a hallucinogenic effect on the
central nervous system, including its salts, isomers and salts of
isomers whenever the existence of such salts, isomers and salts
of isomers is possible within the specific chemical designation,
is a Schedule II drug:
(1) Dronabinol (s\nthetic) in sesame oil and
encapsulated in a soft gelatin capsule in a U.S. Food
and Drug Administration approved drug produ2669
[Some other names for dronabinol:
[(6aR-trans)-6a,7.8,10a-tetrahydro-6,6,9-trimethyl-
3-pent>l-6H-dibenzo
[b,d]pyran-l-olJ,or(-)-delta-9-(trans)-tetrahydrocan
nabinol]
(2) Nabilone [Another name for nabilone: 7369
( + )-trans-3-( 1 , l-dimethylheptyl)-6.6a,7.8, 10, 10a-
hexahydro-l-hydroxy-6,6-dimethyl-9H-
dibenzo[b,d]pyran-9-one] .
Histon Sole: Authonn G.S. 90-88: 90-90: 143B-147:
Eff. June 30. 1978:
Amended Eff. January 1. 1994: April 1, 1993: August 1. 1991:
August 1. 1989:
Temporary- Amendment Eff. May 13, 1997:
Amended Eff. Jul\ L 1998.
TITLE 1 1 - DEPARTMENT OF INSURAjNCE
CIL\PTER 12 - LIFE AND HEALTH DIVISION
SECTION .1700 - VL^TICAL SETTLEMENTS
. 1 703 VI ATIC AL SETTLEMENT BROKERS
(a) No person shall act as a broker without first registering
with the Agent Services Division.
(b) The Commissioner shall suspend, revoke, or refuse to
renew the registration of any broker if the Commissioner finds
that:
(1) There was any misrepresentation in the application
for registration;
(2) The broker has been found guilty of fraudulent or
dishonest practices, has been found guilty of a felony
or any misdemeanor of which criminal fraud is an
element, or is otherwise shown to be financially
irresponsible; or
(3) The broker has placed or attempted to place a
contract with an unregistered provider.
fc) In the absence of a written agreement between a viator
and a broker making the broker the viator's agent, a broker is
presumed to be an agent of the provider.
(d) A broker shall not, without the written agreement of the
viator obtained before performing an)' services in connection
with a viatical settlement, seek or obtain any compensation
from the viator.
(e) A power of attorney designating the Commissioner as the
broker's agent for service of legal process shall be filed by
every broker.
History Note: Auihorin G.S. 58-2-40: 58-16-30: 58-58-42:
Eff. February 1. 1996:
Amended Eff. Januan.- 1. 1998.
TITLE 12 - DEPARTMENT OF JUSTICE
CHAPTER 10 - N.C. SHERIFFS' EDUCATION ANT)
TR.ALNLNG STANDARDS COMMISSION
SUBCH.\PTER lOB - N.C. SHERIFFS' EDUCATION
ANT) TRAINLNG STANDARDS COMMISSION
SECTION .0100 - COMMISSION ORGANIZATION
AND PROCEDLHES
.0107 PROCEDLHES FOR PETITIONS FOR
DECLARATORY RLUINGS
(a) In addition to the procedures set out in G.S. 150B-4,
Petitions for Declaratory Rulings shall be submitted to the
Commission and shall contain:
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NORTH CAROLINA REGISTER
March 2, 1998
12:17
APPROVED RULES
(b)
Ruling
(1)
(2)
(1) petitioner's name, address and telephone number;
(2) the statute(s), rule(s) or both to which the request
relates;
(3) all facts and information which are relevant to the
request;
(4) a concise statement of the manner in which petitioner
has been aggrieved;
(5) a draft of the Declaratory Ruling sought by petitioner
(if specified outcome is sought by petitioner);
(6) practices likely to be affected by the Declaratory
Ruling;
(7) a list or description of persons likely to be affected
by the Declaratory Ruling; and
(8) a statement as to whether the petitioner desires to
present oral argument (not to exceed 30 minutes) to
the Commission prior to its decision.
The Commission may refuse to issue a Declaratory
when:
the petition does not comply with Paragraph (a) of
this Rule;
the Commission has previously issued a Declaratory
Ruling on substantially similar facts;
(3) the Commission has previously issued a Final
Agency Decision in a contested case on substantially
similar facts;
(4) the facts underlying the request for a Declaratory
Ruling were specifically considered at the time of the
adoption of the rule in question; or
(5) the subject matter of the request is involved in
pending litigation.
History Note: Authority G.S. 1508-4;
Ejf. January 1, 1990;
Amended Eff. Aug ust I. 1998.
SECTION .0200 - ENFORCEMENT RULES
.0202 SANCTIONS FOR VIOLATIONS BY
AGENCIES OR SCHOOLS
If the Commission finds that a violation has been committed
by an agency or school, the Commission may:
(1) issue an oral warning and request for compliance;
(2) issue a written warning and request for compliance;
(3) issue an official written reprimand;
(4) suspend, revoke, or deny accreditation to any school
or program or course of instruction until corrective
measures have been taken to bring the agency or
school into compliance with these Rules and
verification of such compliance has been made by the
Commission; or
(5) suspend, revoke, or deny accreditation to any school
or program or course of instruction for a specific
period of time to be determined by the Commission's
Probable Cause Committee; however, not to exceed
one year.
History Note: Authority G.S. 17E-4;
Eff. January 1. 1991;
Recodified from 12 NCAC lOB .0205 Eff. January 1, 1992;
Amended Eff. August 1. 1998.
.0204 SUSPENSION: REVOCATION: OR DENIAL
OF CERTIFICATION
(a) The Commission shall revoke or deny the certification of
a justice officer when the Commission finds that the applicant
for certification or the certified officer has committed or been
convicted of:
(1) a felony; or
(2) a crime for which the authorized punishment could
have been imprisonment for more than two years.
(b) The Commission shall revoke, deny, or suspend the
certification of a justice officer when the Commission finds that
the applicant for certification or the certified officer:
(1) has not enrolled in and satisfactorily completed the
required basic training course in its entirety within a
one year time period as specified by these Rules; or
(2) fails to meet or maintain any of the minimum
employment or certification standards required by 1 2
NCAC lOB .0300; or
(3) fails to satisfactorily complete the minimum
in-service training requirements as presented in 12
NCAC lOB .2000 and .2100; or
(4) has refused to submit to the drug screen as required
in 12 NCAC lOB .0301(6) or .0406(b)(4) or in
connection with an application for or certification as
a justice officer or a criminal justice officer as
defined in 12 NCAC 9A .0103(6); or
(5) has produced a positive result on any drug screen
reported to the Commission as specified in 1 2 NCAC
108 .0410 or reported to any commission, agency,
or board established to certify, pursuant to said
commission, agency, or boards' standards, a person
as a justice officer or a criminal justice officer as
defmed in 12 NCAC 9A .0103(6), unless the positive
result is explained to the Commission's satisfaction.
(c) The Commission may revoke, deny, or suspend the
certification of a justice officer when the Commission finds that
the applicant for certification or certified justice officer:
(1) has knowingly made a material misrepresentation of
any information required for certification or
accreditation from the Commission or the North
Carolina Criminal Justice Education and Training
Standards Commission. This Rule shall also apply to
obtaining or attempting to obtain in-service firearms
requalification as required by 12 NCAC lOB .2000
and .2100; or
(2) has knowingly and designedly by any means of false
pretense, deception, fraud, misrepresentation or
cheating whatsoever, obtained or attempted to obtain
credit, training or certification from the Commission
or the North Carolina Criminal Justice Education and
Training Standards Commission. This Rule shall
also apply to obtaining or attempting to obtain in-
service firearms requalification as required by 12
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NCAC lOB .2000 and .2100; or
(3) has knowingly and designedly by any means of false
pretense, deception, fraud, misrepresentation or
cheating whatsoever, aided another in obtaining or
attempting to obtain credit, training, or certification
from the Commission or the North Carolina Criminal
Justice Education and Training Standards
Commission. This Rule shall also apply to obtaining
or attempting to obtain in-service firearms
requalification as required by 12 NCAC lOB .2000
and .2100; or
(4) has been removed from office by decree of the
Superior Court in accordance with the provisions of
G.S. 128-16 or has been removed from office by
sentence of the court in accord with the provisions of
G.S. 14-230; or
(5) has been denied certification or had such certification
suspended or revoked by the North Carolina
Criminal Justice Education and Training Standards
Commission.
(d) The Commission may revoke, suspend or deny the
certification of a justice officer when the Commission finds that
the applicant for certification or the certified officer has
committed or been convicted of:
(1) a crime or unlawful act defined in 12 NCAC lOB
.0103(T0)(b) as a Class B misdemeanor and which
occurred after the date of initial certification; or
(2) a crime or unlawful act defined in 12 NCAC lOB
.0103(10)(b) as a Class B misdemeanor within the
five-year period prior to the date of appointment; or
(3) four or more crimes or unlawful acts defined in 12
NCAC lOB .0103(10)(b) as Class B misdemeanors
regardless of the date of commission or conviction;
or
(4) four or more crimes or unlawful acts defined in 12
NCAC lOB .0103(10)(a) as a Class A misdemeanor,
each of which occurred after the date of initial
certification; or
(5) four or more crimes or unlawful acts defined in 12
NCAC lOB .0103(10)(a) as a Class A misdemeanor
except the applicant shall be certified if the last
conviction or commission occurred more than two
years prior to the date of appointment; or
(6) any combination of four or more crimes or unlawful
acts defined in 12 NCAC lOB .0103(10){a) as a Class
A misdemeanor or defined in 12 NCAC lOB
.0103(10)(b) as a Class B misdemeanor regardless of
the date of commission or conviction.
(e) Without limiting the application of G.S. 17E, a person
who has had his certification suspended or revoked may not
exercise the authority or perform the duties of a justice officer
during the period of suspension or revocation.
(f) Without limiting the application of G.S. 17E, a person
who has been denied certification may not be employed or
appointed as a justice officer or exercise the authority or
perform the duties of a justice officer.
History Note: Authority G.S. 17E-7;
Eff. Jamiarx 1. 1990;
Amended Eff. My 1, 1990;
Recodified from 12 NCAC lOB .0204 Eff. January 1, 1991;
Amended Eff. April 1, 1991; Jamiary 1, 1991;
Recodified from 12 NCAC lOB .0207 Eff. January 1, 1992;
Amended Eff. August L. 1998; January 1. 1996; January 1,
1995; January 1, 1994; January 1, 1993.
SECTION .0500 - MINIMUM STANDARDS OF
TRAINING FOR DEPUTY SHERIFFS
.0505 EVALUATION FOR TRAINING WATVER
(a) The Division staff shall evaluate each deputy's training
and experience to determine if equivalent training has been
satisfactorily completed as specified in 12 NCAC lOB .0504(a).
Applicants for certification with prior law enforcement
experience shall have been employed and certified in a sworn
law enforcement position in order to be considered for training
evaluation under this Rule. The following rules shall be used
by Division staff in evaluating a deputy's training and
experience to determine eligibility for a waiver of training.
(1) Persons who separated from a sworn law
enforcement position during their probationary
period after having completed a
commission-accredited Basic Law Enforcement
Training Course and who have been separated from
a sworn law enforcement position for one year or less
shall serve the remainder of the initial probationary
period in accordance with G.S. 17E-7(b), but need
not complete an additional training program.
(2) Persons who separated from a sworn law
enforcement position during their probationary
period without having completed Basic Law
Enforcement Training, or whose certification was
suspended pursuant to 12 NCAC lOB .0204(b)(1),
and who have remained separated or suspended for
over one year shall complete a
commission-accredited Basic Law Enforcement
Training Course in its entirety and pass the State
Comprehensive Examination, and shall be allowed a
12 month probationary period as prescribed in 12
NCAC lOB .0503(a).
(3) Out-of-state transferees shall be evaluated to
determine the amount and quality of their training
and experience. Out-of-state transferees:
(A) shall have a minimum of two years full-time
sworn law enforcement experience;
(B) shall not have a break in service exceeding
two years; and
(C) shall have completed the Basic Law
Enforcement Training Course accredited by
the state from which he/she is transferring.
Out-of-state transferees meeting these
requirements shall complete a
commission-accredited Basic Law
Enforcement Training Course which includes
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'
)
the following topics of North Carolina law
and procedure and pass the State
Comprehensive Examination in its entirety
within the 12 month probationary period as
prescribed in 12 NCAC lOB .0503(a).
(i) Laws of Arrest, Search and
Seizure 16 hours
Elements of Criminal Law 24 hours
Juvenile Laws and Procedures 8 hours
Controlled Substances 6 hours
ABC Laws and Procedures 4 hours
Motor Vehicle Laws
Civil Process
Supplemental Custody
Procedures
(ii)
(iii)
(iv)
(V)
(VI)
(vii)
(viii)
20 hours
24 hours
8 hours
TOTAL HOURS 110 hours
(4) Persons previously holding Grandfather law
enforcement certification in accordance with G.S.
17C-10(a) or G.S. 17E-7(a) who have been separated
from a sworn law enforcement position for more than
one year and who have not previously completed a
minimum Basic Law Enforcement Training Course
accredited by the North Carolina Criminal Justice
Education and Training Standards Commission or the
North Carolina Sheriffs' Education and Training
Standards Commission shall be required to complete
a commission-accredited Basic Law Enforcement
Training Course in its entirety and pass the State
Comprehensive Examination within the 12 month
probationary period as prescribed in 12 NCAC 108
.0503(a).
(5) Persons who have completed a minimum 160-hour
Basic Law Enforcement Training Course accredited
by the North Carolina Criminal Justice Training and
Standards Council under rules administered
begirming on July 1, 1973 and continuing through
September 30. 1978 and who have been separated
from a sworn law enforcement position for more than
one year but no more than two years shall be
required to complete the following portions of a
commission-accredited Basic Law Enforcement
Training Course and pass the State Comprehensive
Examination within the 12 month probationary
period as prescribed in 12 NCAC lOB , 0503(a).
(A) Juvenile Law and Procedures 8 hours
(B) Laws of Arrest, Search and Seizure 16 hours
(C) Elements of Criminal Law 24 hours
(D) Controlled Substances 6 hours
(E) ABC Laws and Procedures 4 hours
(F) Motor Vehicle Laws 20 hours
(G) Law Enforcement Driver Training 16 hours
(H) Civil Process 24 hours
(1) Supplemental Custody Procedures 8 hours
Basic Law Enforcement Training Course accredited
by the North Carolina Criminal Justice Training and
Standards Council under rules administered
beginning on July 1, 1973 and continuing through
September 30, 1978 and who have been separated
from a sworn law enforcement position for more than
two years shall be required to complete a
commission-accredited Basic Law Enforcement
Training Course in its entirety regardless of training
and experience and pass the State Comprehensive
Examination within the 12 month probationary
period as prescribed in 12 NCAC lOB .0503(a).
(7) Persons who have completed a minimum 240-hour
Basic Law Enforcement Training Course accredited
by the North Carolina Criminal Justice Education
and Training Standards Commission and the North
Carolina Sheriffs' Education and Training Standards
Commission under rules administered beginning
October 1, 1978 and continuing through September
30, 1984 and who have been separated from a sworn
law enforcement position for over one year but no
more than three years shall be required to complete
the following portions of a commission-accredited
Basic Law Enforcement Training Course and pass the
State Comprehensive Examination within the 12
month probationary period as prescribed in 12
NCAC lOB .0503(a).
(A) Laws of Arrest, Search and Seizure 16 hours
(B) Elements of Criminal Law 24 hours
(C) Juvenile Laws and Procedures 8 hours
(D) Controlled Substances 6 hours
(E) ABC Laws and Procedures 4 hours
(F) Motor Vehicle Laws 20 hours
(G) Civil Process 24 hours
(H) Supplemental Custody Procedures 8 hours
(6)
TOTAL HOURS 126 hours
Persons who have completed a minimum 160-hour
TOTAL HOURS 1 10 hours
(8) Persons who have completed a minimum 240-hour
Basic Law Enforcement Training Course accredited
by the North Carolina Criminal Justice Education
and Training Standards Commission and the North
Carolina Sheriffs' Education and Training Standards
Commission under rules administered beginning
October 1, 1978 and continuing through September
30, 1984 and who have been separated from a sworn
law enforcement position for more than three years
shall be required to complete a
commission-accredited Basic Law Enforcement
Training Course in its entirety regardless of prior
training and experience and pass the State
Comprehensive Examination within the 12 month
probationary period as prescribed in 12 NCAC 103
.0503(a).
(9) Persons who have completed a minimum 381 hour
Basic Law Enforcement Training Course accredited
by the North Carolina Sheriffs' Education and
Training Standards Commission under rules
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administered beginning October 1, 1984 and ending
December 31, 1988 and who have been separated
from a sworn law enforcement position for over one
year but no more than three years shall be required to
complete the following ponions of a
commission-accredited Basic Law Enforcement
Training Course and pass the State Comprehensive
Examination within the 12 month probationary
period as prescribed in 12 NCAC lOB .0503(a).
(A) Laws of Arrest, Search and Seizure 16 hours
(B) Elements of Criminal Law 24 hours
(C) Juvenile Laws and Procedures 8 hours
(D) Controlled Substances 6 hours
(E) ABC Laws and Procedures 4 hours
(F) Motor Vehicle Laws 20 hours
(G) Civil Process 24 hours
(H) Supplemental Custody Procedures 8 hours
(F)
(G)
(H)
Motor Vehicle Laws 20 hours
Civil Process 24 hours
Supplemental Custody Procedures 8 hours
TOTAL HOURS 110 hours
(10) Persons transferring to a sheriff's department from
another law enforcement agency who hold
certification issued by the North Carolina Criminal
Justice Education and Training Standards
Commission and who have previously completed a
commission-accredited Basic Law Enforcement
Training Course beginning on or after October 1,
1984 and who have been separated from a sworn law-
enforcement position for no more than one year or
who have had no break in service shall be required to
complete the following enumerated topics of a
commission-accredited Basic Law Enforcement
Training Course and pass that portion of the State
Comprehensive Examination which deals with those
subjects within 12 months of the date of appointment
as defined in 12 NCAC lOB .0103(1).
(A) Civil Process 24 hours
(B) Supplemental Custody Procedures 8 hours
TOTAL HOURS 32 hours
(11) Persons who have completed a minimum 369-hour
Basic Law Enforcement Training Course accredited
by the North Carolina Criminal Justice Education
and Training Commission under rules beginning
October 1, 1984 and ending July 1, 1989 and who
have been separated from a sworn law enforcement
position for over one year but no more than three
years shall be required to complete the following
ponions of a commission-accredited Basic Law
Enforcement Training Course and pass the State
Comprehensive Examination within the 12 month
probationary period as prescribed in 12 NCAC lOB
.0503(a).
(A) Laws of Arrest, Search and Seizure 16 hours
(B) Elements of Criminal Law 24 hours
(C) Juvenile Laws and Procedures 8 hours
(D) Controlled Substances 6 hours
(E) ABC Laws and Procedures 4 hours
(12)
(14)
TOTAL HOURS 110 hours
Persons who have completed a minimum 422-hour
Basic Law Enforcement Training Course accredited
by the Nonh Carolina Sheriff's Education and
Training Standards Commission under the rules
administered begirming January 1, 1989 and ending
February 1, 1991 and who have been separated from
a sworn law enforcement position for over one year
but no more than three years shall be required to
complete the following ponions of a
commission-accredited Basic Law Enforcement
Training Course and pass the State Comprehensive
Examination within the 12 month probationary
period as prescribed in 12 NCAC lOB .0503(a).
(A) Laws of Arrest, Search and Seizure 16 hours
(B) Elements of Criminal Law 24 hours
(C) Juvenile Laws and Procedures 8 hours
(D) Controlled Substances 6 hours
(E) ABC Laws and Procedures 4 hours
(F) Motor Vehicle Laws 20 hours
(G) Civil Process 24 hours
(H) Supplemental Custody Procedures 8 hours
TOTAL HOURS 110 hours
(13) Persons who have previously completed a minimum
410-hour Basic Law Enforcement Training Course
accredited by the North Carolina Criminal Justice
Education and Training Standards Commission under
rules administered beginning July 1, 1989 and ending
February 1, 1991 and who have been separated from
a sworn law enforcement position for over one year
but no more than three years shall be required to
complete the following ponions of a
commission-accredited Basic Law Enforcement
Training Course and pass the State Comprehensive
Examination within the 12 month probationary
period as prescribed in 12 NCAC lOB .0503(a).
(A) Laws of Arrest, Search and Seizure 16 hours
(B) Elements of Criminal Law 24 hours
(C) Juvenile Laws and Procedures 8 hours
(D) Controlled Substances 6 hours
(E) ABC Laws and Procedures 4 hours
(F) Motor Vehicle Laws 20 hours
(G) Civil Process 24 hours
(H) Supplemental Custody Procedures 8 hours
TOTAL HOURS 110 hours
Persons who have completed a minimum 444-hour
Basic Law Enforcement Training Course accredited
by the Nonh Carolina Sheriffs' Education and
Training Standards Commission under the rules
administered beginning February 1, 1991 and ending
January 1. 1996 and who have been separated from
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'
a sworn law enforcement position for over one year
but no more than three years shall be required to
complete the following portions of a
commission-accredited Basic Law Enforcement
Training Course and pass the State Comprehensive
Examination within the 12 month probationary
period as prescribed in 12 NCAC lOB .0503(a).
(A) Laws of Arrest, Search and Seizure 16 hours
(B) Elements of Criminal Law 24 hours
(C) Juvenile Laws and Procedures 8 hours
(D) Controlled Substances 6 hours
(E) ABC Laws and Procedures 4 hours
(F) Motor Vehicle Laws 20 hours
(G) Civil Process 24 hours
(H) Supplemental Custody Procedures 8 hours
TOTAL HOURS 110 hours
(15) Persons who have previously completed a minimum
432-hour Basic Law Enforcement Training Course
accredited by the North Carolina Criminal Justice
Education and Training Standards Commission under
rules administered beginning February 1. 1991 and
who have been separated from a sworn law
enforcement position for over one year but no more
than three years shall be required to complete the
following portions of a commission-accredited Basic
Law Enforcement Training Course and pass the State
Comprehensive Examination within the 12 month
probationary period as prescribed in 12 NCAC lOB
.0503(a).
(A) Laws of Arrest, Search and Seizure 16 hours
(B) Elements of Criminal Law 24 hours
(C) Juvenile Laws and Procedures 8 hours
(D) Controlled Substances 6 hours
(E) ABC Laws and Procedures 4 hours
(F) Motor Vehicle Laws 20 hours
(G) Civil Process 24 hours
(H) Supplemental Custody Procedures 8 hours
TOTAL HOURS 110 hours
(16) Persons who have completed training as a federal law
enforcement officer and are appointed as a deputy
sheriff in North Carolina shall be required to
complete a commission-accredited Basic Law
Enforcement Training Course in its entirety
regardless of previous federal training and experience
and pass the State Comprehensive Examination
within the 12 month probationary period as
prescribed in 12 NCAC lOB .0503(a).
(17) Persons out of the law enforcement profession for
over three years regardless of prior training or
experience shall complete a commission-accredited
Basic Law Enforcement Training Course in its
entirety and pass the State Comprehensive
Examination within the 12 month probationary
period as prescribed in 12 NCAC lOB .0503(a).
(18) Wildlife Enforcement Officers who completed the
Basic Law Enforcement Training Course prior to
September 30, 1985 and are sworn as justice officers
shall be subject to the evaluation rules as stated in 12
NCAC lOB .0505(a)(1) and (a)(4) through (11).
(19) Wildlife Enforcement Officers who separate from
employment with the Wildlife Enforcement Division
and have less than one year break in service, who
transfer to a Sheriff's Department in a sworn
capacity, and who completed their Basic Training
after September 30, 1985 shall complete the
following blocs of instruction and pass the state exam
in its entirety within the 12 month probationary
period as prescribed in 12 NCAC lOB .0503(a).
(A) Crime Prevention Techniques 4 hours
(B) Mechanics of Arrest: Custody
Procedure 2 hours
(C) Mechanics of Arrest: Processing
Arrestee 4 hours
(D) Special Populations 12 hours
(E) Techniques of Traffic Law
Enforcement 6 hours
(F) Dealing with Victims and the Public 8 hours
(G) Civil Process 24 hours
(H) Supplemental Custody Procedures 8 hours
TOTAL HOURS 68 hours
(20) Wildlife Enforcement Officers who completed Basic
Law Enforcement Training on or after September 30,
1985 and have been out of a sworn position over one
year but no more than three years, and are sworn as
a justice officer must complete the following blocs of
instructions and pass the state exam in its entirety
during their probationary period as prescribed in 12
NCAC lOB .0503 (a).
(A) Laws of Arrest Search and Seizure 16 hours
(B) Elements of Criminal Law 24 hours
(C) Juvenile Laws and Procedures 8 hours
(D) Controlled Substances 6 hours
(E) ABC Laws and Procedures 4 hours
(F) Motor Vehicle Laws 20 hours
(G) Crime Prevention Techniques 4 hours
(H) Mechanics of Arrest: Custody
Procedures 2 hours
(I) Mechanics of Arrest: Processing
Arrestees 4 hours
(J) Special Populations 12 hours
(K) Techniques of Traffic Law
Enforcement 6 hours
(L) Dealing with Victims and the Public 8 hours
(M) Civil Process 24 hours
(N) Supplemental Custody Procedures 8 hours
TOTAL HOURS 146 hours
(21) Alcohol Law Enforcement Officers who completed
the Basic Law Enforcement Training Course prior to
April I, 1983 or after November 1, 1993, and are
sworn as a justice officer shall be subject to the
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evaluation rules as prescribed in 12 NCAC lOB
.0505(a)(3) through (8) and (a)(14), (15) and (24).
(22) Alcohol Law Enforcement Officers who separate
from employment with the Alcohol Law Enforcement
Division and have less than a one year break in
service, who transfer to a Sheriff's Department in a
sworn capacity, and who completed their Basic
Training administered beginning April 1, 1983 and
ending November 1, 1993 shall complete the
following blocs of instruction and pass the state
comprehensive exam in its entirety within the 12
month probationary period as prescribed in 12
NCAC 108 .0503(a).
(A) Law Enforcement Communication and
Information Systems 4 hours
(B) Patrol Techniques 16 hours
(C) Crime Prevention Techniques 4 hours
(D) Mechanics of Arrest: Vehicle Stops 6 hours
(E) Mechanics of Arrest: Custody
Procedures 2 hours
(F) Mechanics of Arrest: Processing
Arrestee 4 hours
(G) Special Populations 12 hours
(H) Interviews: Field and In-Custody 8 hours
(I) Motor Vehicle Law 20 hours
(J) Techniques of Traffic Law
Enforcement 6 hours
(K) Dealing with Victims and the Public 8 hours
(L) Civil Process 24 hours
(M) Supplemental Custody Procedures 8 hours
TOTAL HOURS 122 hours
(23) Alcohol Law Enforcement Officers who completed
their Basic Training administered beginning April 1 ,
1983 and ending November 1, 1993 and are sworn as
a justice officer and who have been out of a sworn
position for over one year but no more than three
years shall complete the following blocs of
instruction and pass the state examination in its
entirety during their one year probationary period as
prescribed in 12 NCAC lOB .0503(a).
(A) Laws of Arrest, Search and Seizure 16 hours
(B) Elements of Criminal Law 24 hours
(C) Juvenile Laws and Procedures 8 hours
(D) Controlled Substances 6 hours
(E) ABC Laws and Procedures 4 hours
(F) Law Enforcement Communication and
Information Systems 4 hours
(G) Patrol Techniques 16 hours
(H) Crime Prevention Techniques 4 hours
(I) Mechanics of Arrest: Vehicle Stops 6 hours
(J) Mechanics of Arrest: Custody
Procedures 2 hours
(K) Mechanics of Arrest: Processing
Arrestee 4 hours
(L) Special Populations 12 hours
(M) Interviews: Field and In-Custody 8 hours
(N)
(O)
(P)
(Q)
(R)
Motor Vehicle Law 20 hours
Techniques of Traffic Law
Enforcement 6 hours
Dealing with Victims and the Public 8 hours
Civil Process 24 hours
Supplemental Custody Procedures 8 hours
TOTAL HOURS 180 hours
(24) Persons who have previously completed a minimum
472-hour Basic Law Enforcement Training Course
accredited by the North Carolina Sheriffs' Education
and Training Standards Commission, under the rules
administered begiiuiing January 1, 1996 and who
have been separated from a sworn law enforcement
position for over one year but no more than three
years shall be required to complete the following
portions of a commission-accredited Basic Law
Enforcement Training Course and pass the State
Comprehensive Examination with the 12 month
probationary period as prescribed in 12 NCAC lOB
.0503(a).
(A) Laws of Arrest, Search and Seizure 16 hours
(B) Elements of Criminal Law 24 hours
(C) Juvenile Laws and Procedures 8 hours
(D) Controlled Substances 6 hours
(E) ABC Laws and Procedures 4 hours
(F) Motor Vehicle Laws 20 hours
(G) Civil Process 24 hours
(H) Supplemental Custody Procedures 8 hours
TOTAL HOURS 1 10 hours
(b) In those instances not specifically incorporated within
this Section or where an evaluation of the applicant's prior
training and experience determines that required attendance in
the entire Basic Law Enforcement Training Course would be
impractical, the director may exercise his/her discretion in
determining the amount of training, which is comparable to that
received by deputies pursuant to 12 NCAC lOB .0502(a), those
persons shall complete during their probationary period.
History Note: Authority G.S. 17E-4; 17E-7;
Eff. January 1, 1989:
Amended Eff. August L. 1998: January 1, 1996; January 1.
1994: January 1. 1993: January 1, 1992.
SECTION .0600 - MINIMUM STANDARDS OF
TRAINING FOR DETENTION OmCERS
.0601 DETENTION OFFICER CERTinCATION
COURSE
(a) This Section establishes the current standard by which
Sheriffs' Department and district confinement personnel shall
receive detention officer training. These Rules will serve to
raise the level of detention officer training heretofore available
to law enforcement officers across the state. The Detention
Officer Certification Course shall consist of a minimum of 146
hours of instruction designed to provide the trainee with the
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skills and knowledge necessary to perform those tasks
considered essential to the administration and operation of a
contlnement facility.
(b) Each Detention Officer Certification Course shall include
the following identified topic areas and approximate minimum
instructional hours for each area:
(1) Orientation 2 hours
(2) Criminal Justice System 3 hours
(3) Legal Aspects of Management &
Supervision 19 hours
(4) Contraband/Searches 6 hours
(5) Processing Inmates 5 hours
(6) First Aid & CPR 10 hours
(7) Medical Care in the Jail 5 hours
(8) Patrol & Security Functions of the Jail 5 hours
(9) Key and Tool Control 2 hours
(10) Supervision & Management of Inmates 5 hours
(11) Suicides & Crisis Management 5 hours
(12) Introduction to Rules & Regulations
Governing Jails 2 hours
(13) Stress 2 hours
(14) Investigative Process in the Jail 9 hours
(15) Specialized Control Techniques 24 hours
(16) Special Populations 4 hours
(17) Transportation of Inmates 6 hours
(18) Fire Emergencies 12 hours
(19) Fingerprinting and Photographing Arrestees6 hours
(20) Physical Assessment 4 hours
(21) Review/Testing 7 hours
(22) State Comprehensive Examination 3 hours
TOTAL HOURS 146 hours
(c) In addition to the requirements of Paragraph (b) of this
Rule, the reading component of a standardized test shall be
administered to each trainee within the first two weeks of the
Detention Officer Certification Course, and the reading grade
level reported as a part of the trainee's official training records.
The school director shall determine the test instrument to be
used.
(d) Consistent with the curriculum development policy of the
Commission as published in the "Detention Officer
Certification Course Management Guide", the Commission
shall designate the developer of the Detention Officer
Certification Course curricula and such designation shall be
deemed by the Commission as approval for the developer to
conduct pilot Detention Officer Certification Courses.
Individuals who complete such a pilot Detention Officer
Certification Course offering shall be deemed to have complied
with and satisfied the minimum training requirement.
(e) The "Detention Officer Certification Training Manual"
as published by the North Carolina Justice Academy is hereby
incorporated by reference and shall automatically include any
later amendments and editions of the incorporated matter to
apply as the basic curriculum for the Detention Officer
Certification Course. Copies of this manual may be obtained
by contacting the North Carolina Justice Academy, Post Office
Box 99, Salemburg, North Carolina 28385-0099. The cost of
this manual is forty dollars (S40.00) at the time of adoption of
this Rule.
(f) The "Detention Officer Certification Course Management
Guide" as published by the North Carolina Justice Academy is
hereby incorporated by reference and shall automatically
include any later amendments, editions of the incorporated
matter to be used by certified school directors in planning,
implementing and delivering basic detention officer training.
The standards and requirements established by the "Detention
Officer Certification Course Management Guide" must be
adhered to by the certified school director. Each certified
school director shall be issued a copy of the guide at the time
of certification at no cost to the accredited school.
History Note: Authority G.S. 17E-4(a);
Eff. January 1, 1989;
Amended Eff. August L 1998: January 1. 1996: June 1. 1992;
January 1, 1992; January 1. 1991.
.0603 EVALUATION FOR TRAINING WAIVER
(a) Applicants for certification with prior detention or
correctional officer experience shall have been employed and
certified as a detention or correctional officer in order to be
considered for a training evaluation under this Rule. The
following rules shall be used by division staff in evaluating a
detention officer's training and experience to determine
eligibility for a waiver of training:
( 1 ) Persons who have separated from a detention officer
position during the probationary period after having
completed a commission-accredited detention officer
training course and who have been separated from a
detention officer position for more than one year
shall complete a subsequent commission-accredited
detention officer training course in its entirety and
pass the State Comprehensive Examination within the
12 month probationary period as described in 12
NCAC lOB .0602(a).
(2) Persons who separated from a detention officer
position during their probationary period after having
completed a commission-accredited detention officer
training course and who have been separated from a
detention officer position for one year or less shall
serve the remainder of the initial probationary period
in accordance with G.S. 17E-7(b), but need not
complete an additional training program.
(3) Persons who separated from a detention officer
position during the probationary period without
having completed a detention officer training course
or whose certiilcation was suspended pursuant to 12
NCAC lOB .0204(b)(1) and who have remained
separated or suspended for over one year shall
complete a commission-accredited detention officer
training course in its entirety and pass the State
Comprehensive Examination, and shall be allowed a
12 month probationary period as prescribed in 12
NCAC lOB .0602(a).
(4) Persons holding General Detention Officer
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Certification who have completed a
commission-accredited detention officer training
course and who have separated from a detention
officer position for more than one year shall
complete a subsequent commission-accredited
detention officer training course in its entirety and
pass the State Comprehensive Examination within the
12 month probationary period as prescribed in 12
NCAC lOB .0602(a).
(5) Persons holding Grandfather Detention Officer
Cenification who separate from a detention officer
position and remain separated from a detention
officer position for more than one year shall be
required to complete a commission-accredited
detention officer training program in its entirety and
pass the State Comprehensive Examination within the
12 month probationary period as prescribed in 12
NCAC lOB .0602(a).
(6) Persons transferring to a sheriff's department from
another law enforcement agency who hold a
detention officer certification issued by the North
Carolina Criminal Justice Education and Training
Standards Commission shall be subject to evaluation
of their prior training and experience on an
individual basis. The Division staff shall determine
the amount of training, which is comparable to that
received by detention officers pursuant to 12 NCAC
lOB .0601(b), required of these applicants.
(7) Persons holding general certification as a correctional
officer issued by the North Carolina Criminal Justice
Education and Training Standards Commission and
who:
(A) completed training as a correctional officer
after January 1, 1981; and
(B) transfer to a sheriff's department or a district
confinement facility in a detention officer
position; and
(C) have had less than a one year break in service,
or no break in service, shall serve a 12-month
probationary period as prescribed in 12 NCAC
lOB .0602(a) and shall complete the following
topic areas in a commission-accredited
detention officer certification course and take
the state examination in its entirety during that
probationary period:
(i) Orientation 2 hours
(ii) Legal Aspects of Jail Management &.
Supervision 19 hours
(iii) Medical Care in the Jail 5 hours
(iv) Investigative Process in the
Jail 9 hours
(v) Suicides and Crisis
Management 5 hours
(vi) Introduction to Rules and
Regulations Governing Jail
Facilities 2 hours
(vii) Fire Emereencies in the Jail 12 hours
TOTAL HOURS 54 hours
(b) In those instances not specifically incorporated within
this Section or where an evaluation of the applicant's prior
training and experience determines that required attendance in
the entire Detention Officer Training Course would be
impractical, the director may exercise his/her discretion in
determining the amount of training, which is comparable to that
received by detention officers pursuant to 12 NCAC lOB
.0601(b), those persons shall complete during their
probationary period.
History Note: Authorit\- G. S. 1 7E-4: 1 7E- 7;
Eff. Januarx 1, 1989:
Amended Eff. August 1^ 1998: January 1, 1996; January 1,
1993: January 1. 1992; January 1, 1991.
.0605 COMPLETION OF DETENTION OFHCER
CERTinCATION COURSE
(a) Each delivery of an accredited "Detention Officer
Certification Course" is considered to be a unit as set forth in
12 NCAC lOB .0601. Each trainee shall attend and
satisfactorily complete a full course during a scheduled
delivery. The school director may develop supplemental rules
as set fonh in 12 NCAC lOB .0704ta)(7), but may not add
substantive courses, or change or expand the substance of the
courses set fonh in 12 NCAC lOB .0601. This Rule does not
prevent the instruction on local agency rules or standards but
such instruction shall not be considered or endorsed by the
Commission for purposes of certification. The Director may
issue prior written authonzation for a specified trainee's limited
enrollment in a subsequent delivery of the same course where
the school director provides evidence that:
(1) The trainee attended and satisfactorily completed
specified class hours and topics of the "Detention
Officer Cenification Course" but through extended
absence occasioned by illness, accident, or
emergency was absent for more than 10 percent of
the total class hours of the course offering; or
(2) The trainee was granted excused absences by the
school director that did not exceed ten percent of the
total class hours for the course offering and the
school director could not schedule appropriate
make-up work during the current course offering as
specified in 12 NCAC lOB .0604(c) due to valid
reasons; or
(3) The trainee panicipated in an offering of the
"Detention Officer Cenification Course" but had an
identified deficiency in essential knowledge or skill
in either one, two or three, but no more than three,
of the specified topic areas incorporated in the course
content as prescnbed under 12 NCAC lOB .0601(b).
(b) An authorization of limited enrollment in a subsequent
course delivery may not be used by the Director unless in
addition to the evidence required by Paragraph (a) of this Rule:
( 1 ) The trainee submits a written request to the Director,
justifying the limited enrollment and cenifying that
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the trainee's participation shall be accomplished
pursuant to Paragraph (c) of this Rule; and
(2) The school director of the previous school offering
submits to the director a certification of the particular
topics and class hours attended and satisfactorily
completed by the trainee during the original
enrollment.
(c) An authorization of limited enrollment in a subsequent
course delivery permits the trainee to attend an offering of the
"Detention Officer Certification Course" commencing within
120 calendar days from the last date of trainee participation in
prior course delivery, but only if the trainee's enrollment with
active course participation can be accomplished within the
period of the trainee's probationary certification:
(1) The trainee need only attend and satisfactorily
complete those portions of the course which were
missed or identified by the school director as areas of
trainee deficiency in the proper course participation.
(2) Following proper enrollment in the subsequent
course offering, scheduled class attendance and active
participation with satisfactory achievement in the
course, the trainee would be eligible for
administration of the State Comprehensive
Examination by the Commission and possible
certification of successful course completion.
(3) A trainee shall be enrolled as a limited enrollee in
only one subsequent course offering within the 120
calendar days from the last date of trainee
participation in prior course delivery. A trainee who
fails to complete those limited portions of the course
after one retest shall enroll in an entire delivery of
the Detention Officer Certification Course.
(d) A trainee who is deficient in four or more subject-matter
or topical areas at the conclusion of the course delivery shall
complete a subsequent program in its entirety.
History Note: Authority G.S. 17E-4: 17E-7;
Eff. January 1. 1989;
Amended Eff. Aug ust L. 1998: January I, 1996: January 1,
1993; January 1, 1992; January 1. 1991.
SECTION .0700 - MINIMUM STANDARDS FOR
JUSTICE OFFICER SCHOOLS AND
TRAINING PROGRAMS OR COURSES
OF INSTRUCTION
.0703 ADMINISTRATION OF DETENTION
OFFICER CERTinCATION COURSE
(a) The executive officer or officers of the institution or
agency sponsoring a Detention Officer Certification Course
shall have primary responsibility for implementation of these
rules and standards and for administration of the school.
(b) The executive officers shall designate a compensated
staff member who is certified by the Commission who may
apply to be the school director. No more than two school
directors shall be certified at each accredited institution/agency
to deliver a Detention Officer Certification Course. The school
director shall have administrative responsibility for planning
scheduling, presenting, coordinating, reporting, and generally
managing each sponsored detention officer certification course
and shall be readily available at all times during course delivery
as specified in 12 NCAC lOB .0704(b).
(c) The executive officers of the institution or agency
sponsoring the Detention Officer Certification Course shall:
(1) acquire and allocate sufficient financial resources to
provide commission-certified instructors and to meet
other necessary program expenses;
(2) provide adequate secretarial, clerical, and other
supportive staff assistance as required by the school
director;
(3) provide or make available suitable facilities,
equipment, materials, and supplies for
comprehensive and qualitative course delivery, as
required in the "Detention Officer Certification
Course Management Guide" and specifically
including the following:
(A) a comfortable, well-lighted and ventilated
classroom with a seating capacity sufficient to
accommodate all attending trainees;
(B) audio-visual equipment and other instructional
devices and aids necessary and beneficial to
the delivery of effective training;
(C) a library for trainees' use covering the subject
matter areas relevant to the training course,
maintained in current status and having
sufficient copies for convenient trainee access;
(D) an area designated for instruction of
specialized control techniques which enables
the safe execution of the basic detention
officer specialized control techniques topic
area, with the following specifications:
(i) 30 square feet of floor space per student
during the practical exercise portion of
this topic area and while testing
trainees' proficiency in performing the
required maneuvers; and
(ii) one instructor for every 10 students
during the practical exercise portion of
this topic area and while testing
trainees' proficiency in performing the
required maneuvers; and
(iii) restrooms and drinking water within
100 yards of the training site; and
(iv) telephone or radio communication
immediately available on site;
(E) an area designated for use as a jail cell for
performing the practical exercises in the topic
area entitled "Contraband Searches". If a
county jail cell is unavailable, a simulated jail
cell is acceptable provided it is built to the
same specifications required by the
Department of Human Resources with regards
to size;
(F) an area designated for fire emergencies
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instruction which enables the safe execution of
the lesson plan as follows:
(i) a well-ventilated, open area which
allows for the setting and putting out of
a fire; and
(ii) restrooms and drinking water within
100 yards of the training site; and
(iii) telephone or radio communication
immediately available on site; and
(iv) one instructor for every 10 students
during the practical exercise portion of
this training;
(G) an area designated for physical assessment of
the detention officer trainees to include:
(i) an area for running, weight lifting and
other exercises performed during the
assessment which provides a minimum
of 20 square feet per trainee during the
performance of the exercises required
in the assessment; and
(ii) restrooms and drinking water within
100 yards of the training site; and
(iii) telephone or radio communication
immediately available on site; and
(iv) shower facilities, if physical assessment
is performed prior to classroom
training; and
(v) one instructor for every 10 students
during the performance of the actual
assessment; and
(H) an area designated for instruction in first aid
and CPR techniques which provides a
minimum of 20 square feet per trainee during
the practical exercise portion and testing for
proficiency in administering CPR. There
must also be one instructor for every 10
students during the practical exercise portion
and proficiency testing in administering CPR.
(4) In the event that an institution or agency does not
own a facility as required in this .Section, written
agreements with other entities must be made to
assure use of and timely access to such facilities. A
copy of such agreement must accompany the
originating institution or agency "Pre-Delivery
Report" (Form F7-A) when submitted to the
Division.
History Note: Authority G.S. 17E-4:
EJf. January 1, 1989;
Amended EJf. August L. 1 998: January 1, 1996: January 1,
1992.
.0704 RESPONSIBILITIES: SCHOOL DIRECTORS
(a) In planning, developing, coordinating, and delivering
each commission accredited Detention Officer Certification
Course, the school director shall:
(1) Formalize and schedule the course curriculum in
accordance with the curriculum standards established
by the rules in this Chapter.
(A) The Detention Officer Certification Course
shall be presented with a minimum of 40
hours of instruction each week during
consecutive calendar weeks until course
requirements are completed.
(B) In the event of exceptional or emergency
circumstances, the Director may, upon written
finding of justification, grant a waiver of the
minimum hours requirement.
(2) Select and schedule instructors who are properly
certified by the Commission. The selecting and
scheduling of instructors is subject to special
requirements as follows:
(A) No single individual may be scheduled to
instruct more than 35 percent of the total
hours of the curriculum during any one
delivery except as set forth in Part (a)(2)(B) of
this Rule.
(B) Where the school director shows exceptional
or emergency circumstances and the school
director documents that an instructor is
properly certified to instruct more than 35
percent of the total hours of the curriculum,
the Director of the Division may grant written
approval for the expansion of the individual
instructional limitation.
(C) Schedule appropriate number of instructors for
specific topic areas as required in 12 NCAC
lOB .0703.
(3) Provide each instructor with a commission-approved
course outline and all necessary additional
information concerning the instructor's duties and
responsibilities.
(4) Review each instructor's lesson plans and other
instructional materials for conformance to the rules
in this Chapter and to minimize repetition and
duplication of subject matter.
(5) Permanently maintain records of all Detention
Officer Certification Courses sponsored or delivered
by the school, reflecting:
(A) Course title;
(B) Delivery hours of course;
(C) Course delivery dates;
(D) Names and addresses of instructors utilized
within designated subject-matter areas;
(Ej A roster of enrolled trainees, showing class
attendance and designating whether each
trainee's course participation was successful or
unsuccessful including individual test scores
indicating each trainee's proficiency in each
topic area and methods or instruments;
(F) Copies of all rules, regulations and guidelines
developed by the school director;
(G) Documentation of any changes in the initial
course outline, includina substitution of
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)
instructors; and
(H) Documentation of make-up work achieved by
each individual trainee, including test scores
and methods or instruments.
(6) Arrange for the timely availability of appropriate
audiovisual aids and materials, publications, facilities
and equipment for training in all topic areas as
required in the "Detention Officer Certification
Course Management Guide".
(7) Develop, adopt, reproduce, and distribute any
supplemental rules, regulations, and requirements
determined by the school to be necessary or
appropriate for:
(A) Effective course delivery;
, (B) Establishing responsibilities and obligations of
agencies or departments employing course
trainees; and
(C) Regulating trainee participation and demeanor
and ensuring trainee attendance and
maintaining performance records.
A copy of such rules, regulations and requirements
shall be submitted to the Director as an attachment to
the Pre-Delivery Report of Training Course
Presentation, Form F-7A. A copy of such rules shall
also be given to each trainee and to the sheriff of
each trainee's employing agency at the time the
trainee enrolls in the course.
(8) If appropriate, recommend housing and dining
facilities for trainees.
(9) Not less than 30 days before commencing delivery of
the course, submit to the Commission a Pre-Delivery
Report of Training Course Presentation (Form F-7A)
along with the following attachments:
(A) A comprehensive course schedule showing
arrangement of topical presentations and
proposed instructional assignments;
(B) A copy of any rules, regulations, and
requirements for the school and, when
appropriate, completed applications for
certification of instructors. The Director shall
review the submitted Pre-Delivery Report
together with all attachments to ensure that the
school is in compliance with all commission
rules; if school's rules are found to be in
violation, the Director shall notify the school
director of deficiency, and approval will be
withheld until all matters are in compliance
with the Commissions' rules.
(10) Administer the course delivery in accordance with
the rules in this Chapter and ensure that the training
offered is as effective as possible.
(1 1) Monitor or designate a certified instructor to monitor
the presentations of all probationary instructors
during course delivery and prepare written
evaluations on their performance and suitability for
subsequent instructional assignments. These
evaluations shall be prepared on commission forms
and forwarded to the Division at the conclusion of
each delivery. Based on this evaluation the school
director shall recommend approval or denial of
requests for Detention Officer Instructor
Certification, Limited Lecturer Certification or
Professional Lecturer Certification.
( 1 2) Monitor or designate a certified instructor to monitor
the presentations of all other instructors during
course delivery and prepare written evaluations on
their performance and suitability for subsequent
instructional assignments. Instructor evaluations
shall be prepared on commission forms in accordance
with the rules in this Chapter. These evaluations
shall be kept on file by the school for a period of
three years and shall be made available for inspection
by a representative of the Commission upon request.
(13) Ensure that any designated certified instructor who is
evaluating the instructional presentation of another
shall, at a minimum, hold certification in the same
instructional topic area as that being taught.
(14) Administer or designate a person to administer
appropriate tests as determined necessary at various
intervals during course delivery.
(15) Maintain direct supervision, direction, and control
over the performance of all persons to whom any
portion of the planning, development, presentation,
or administration of a course has been delegated.
(16) During a delivery of the Detention Officer
Certification Course, make available to authorized
representatives of the Commission three hours of
scheduled class time and classroom facilities for the
administration of a written examination to those
trainees who have satisfactorily completed all course
work.
(17) Not more than ten days after receiving from the
Commission's representative the Report of
E.xainination Scores, the school director shall submit
to the Commission a Post-Delivery Report of
Training Course Presentation (Form 7-B).
(b) In addition to the requirements in 12 NCAC lOB
.0704(a), the school director shall be readily available to
students and Division staff at all times during course delivery
by telephone, pager, or other means. The means, and
applicable numbers, shall be filed with the accredited training
delivery site and the Division prior to the beginning of a
scheduled course delivery.
History Note: Authority G.S. 17E-4;
Eff. January 1. 1989;
Amended Eff. August L. 1998: January 1, 1996; January 1,
1994: Januar\- 1. 1992.
.0707 SUSPENSION: REVOCATION: OR
DENIAL: SCHOOL DIRECTOR CERT
The Commission may deny, suspend, or revoke certification
of a school director when the Commission finds that the person
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APPROVED RULES
has failed to meet or continuously maintain any of the
requirements for qualification, or any of the terms and
conditions as specified in 12 NCAC lOB .0706, or through
performance fails to comply with rules of the Commission or
otherwise demonstrates incompetence.
History Note: Authority G.S. 17E-4;
Eff. Jam/an,' I. 1989;
Amended Eff. Ausust L J 998.
SECTION .0800 - ACCREDITATION OF JUSTICE
OFHCER SCHOOLS AND TRAINING COURSES
.0802 ACCREDITATION: DELIVERY/DETENTION
OFFICER CERTIFICATION COURSE
(a) An institution or agency must be accredited to deliver a
Detention Officer Certification Course.
(b) In order to obtain accreditation, an institution or agency
shall meet or exceed the following minimum standards for
overall course delivery:
(1) the institution or agency shall conduct a minimum of
one Detention Officer Certification Course each
calendar year;
(2) the executive officer shall comply with the
requirements of 12 NCAC lOB .0703; and
(3) the executive officer shall comply with the additional
accreditation requirements as specified in the
"Detention Officer Certification Course Management
Guide".
(c) An institution or agency meeting the requirements of 12
NCAC lOB .0802(b) may submit a "Request for Accreditation"
(Form F-7) to the Division. Upon receipt of the request, the
Division staff shall:
(1) review the application for completeness;
(2) contact the institution or agency executive officer or
designated school director to schedule an on-site visit
and tour of the proposed training facilities;
(3) during the on-site visit note any deficiencies and
attempt to provide assistance and recommendations
in correcting those deficiencies; and
(4) notify the applying institution or agency, in writing,
of the approval or denial of the accreditation request.
(d) In cases where the deficiencies prohibit the immediate
accreditation of the institution or agency, the application shall
be placed in a pending status:
(1) applications may remain in a pending status for no
more than 30 da\s from the date of notification of
any deficiencies; and
(2) within or following the 30 day period, the Division
shall:
(A) issue accreditation; or
(B) notify the institution or agency, in writing,
that it must re-apply for accreditation.
(e) Any existing commission-issued accreditations issued and
valid on July 31, 1998 shall be automatically extended with an
expiration date of December 31, 1999 at which time the
previously issued accreditation shall be terminated.
(f) All new applicants for accreditation shall meet the
requirements of this Section after August 1, 1998.
(g) The Division staff shall conduct an on-site accreditation
audit once each calendar year which shall include, but is not
limited to:
( 1 ) the review of all records maintained by the school
director as required in 12 NCAC lOB .0704; and
(2) the inspection of the institution or agency's training
facilities to ensure continued compliance with
accreditation standards as required in 12 NCAC lOB
.0703 and .0802.
(h) Following the annual audit, the Division staff shall:
( 1 ) notify the institution or agency of the results of the
audit; and
(2) recommend to the Commission's Probable Cause
Committee any action pursuant to 12 NCAC lOB
.0802(1).
(i) School accreditation shall remain effective until
surrendered, suspended, or revoked.
(j) The Commission may suspend or revoke the accreditation
of a school when it finds that the school has failed to meet or to
continuously maintain any requirement, standard or procedure
for school accreditation or course delivery as required by
Section .0700 of this Subchapter.
History Note: Authority G.S. 17E-4;
Eff. Januar\- 1. 1989:
Amended Eff. August L. 1998: January 1. 1996: January 1.
1990.
SECTION .0900 - MINIMUM STANDARDS FOR
JUSTICE OmCER INSTRUCTORS
.0903 CERT: INSTRUCTORS FOR
DETENTION OFHCER CERTIHCATION
COURSE
(a) Any person participating in a commission-accredited
Detention Officer Certification Course as an instructor, teacher,
professor, lecmrer, or other participant making presentations to
the class shall first be certified by the Commission as an
instructor. A waiver may be granted by the Director upon
receipt of a written application to teach in a designated school.
(b) The Commission shall certify Detention Officer
Certification Course instructors under the following categories:
(1 ) Detention Officer Instructor Certification;
(2) Professional Lecturer Certification; or
(3) Limited Lecturer Certification as outlined in Rules
.0904, .0906 and .0908 of this Section.
(c) In addition to all other requirements of this Section, all
instructors certified by the Commission to teach in a
Commission-accredited Detention Officer Cenification Course
shall remain knowledgeable and attend and complete any
instructor training updates related to curriculum content and
deliven' as may be offered by the curriculum developer and
within the time period as specified by the curriculum developer.
Histor,- Mote: Authorm- G.S. 17E-4:
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NORTH CAROLINA REGISTER
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APPROVED RULES
Eff. January 1. 1989:
Amended Eff. Aiigusr L. 1998: January 1. 1996: January I.
1990.
.0909 TERMS AND CONDITIONS OF A
LIMITED LECTURER CERTinCATION
(a) An applicant meeting the requirements for certification
as a Limited Lecturer shalL for the first 12 months of
certification, be in a probationary status. The Limited Lecturer
Certification, Probationary Stams. shall automatically expire 12
months from the date of issuance.
(b) The probationary instructor shall be eligible for full
Limited Lecturer status at the end of the probationary period if
the instructor, through application, submits to the Commission:
(1) either
(A) a favorable recommendation from a school
director accompanied by certification on a
commission Instructor Evaluation Form that
the instructor taught at least four hours in each
of the topics for which Limited Lecturer
Certification, Probationary Status was
granted. Such instruction must have occurred
in a commission-accredited detention officer
training course during the probationary
period. The results of the student evaluation
must be considered by the school director
when determining the recommendation; or
(B) a favorable written evaluation by a
commission or staff member, based on an
on-site classroom evaluation of the
probationary instructor in a
commission-accredited detention officer
training course. Such evaluation must be
certified on a commission Instructor
Evaluation Form completed where the
probationary instructor taught a minimum of
four hours in each topic for which Limited
Lecturer Certification, Probationary Status
was granted; and
(2) documentation that all other certifications required in
12 NCAC lOB .0908 remain valid; and
(3) possess a current valid CPR certification.
(c) Full Limited Lecturer Certification shall be continuous
so long as the lecturer submits to the Division every two years:
(1) either
(A) a favorable written recommendation from a
school director accompanied by certification
on a commission instructor evaluation form
that the lecturer successfully taught at least
four hours in each of the topics for which
Limited Lecturer Certification was granted
during the previous two-year period; or
(B) a favorable written evaluation by a
commission member or staff member based on
an on-site classroom observation of the
lecturer while teaching a minimum of four
hours in each of the topics for which Limited
Lecturer Certification was granted; and
(2) a renewal application to include documentation that
all other certifications required in 12 NCAC lOB
.0908 remain valid; and
(3) possess a current valid CPR certification.
(d) The date Full Limited Lecturer Certification is originally
issued shall be the anniversary date from which each two-year
period is figured.
(e) If a lecturer does not teach a minimum of four hours, in
each of the topics for which Limited Lecturer Certification was
granted, during each two-year period following the awarding of
Full Limited Lecturer Certification, his/her certification
automatically expires, and the lecturer must then apply for
probationary limited lecturer certification and must meet all
applicable requirements.
History Note: Authority G.S. 17E-4;
Eff. January 1. 1989:
Amended Eff. August L^ 1998: January 1, 1996; January 1,
1994: January 1. 1992: January 1, 1991.
SECTION .1000 - PROFESSIONAL CERTIFICATE
PROGRAM FOR SHERIFFS AND DEPUTY SHERIFFS
.1002 GENERAL PROVISIONS
(a) In order to be eligible for one or more of the professional
awards, a sheriff or deputy sheriff shall first meet the following
preliminary qualifications:
(1) Be an elected or appointed sheriff or be a deputy
sheriff who holds valid General or Grandfather
Certification. A deputy sheriff serving under a
probationary certification is not eligible for
consideration. Any justice officer subject to
suspension or revocation proceedings by the
Commission or the North Carolina Criminal Justice
Education and Training Standards Commission shall
not be eligible for professional awards for the
pendency of the proceeding.
(2) The sheriff or deputy sheriff shall be familiar with
and subscribe to the Law Enforcement Code of
Ethics as promulgated by the International
Association of Chiefs of Police.
(3) If the applicant is a deputy sheriff, the deputy shall
be a full-time sworn member of a North Carolina
Sheriff's Department, as certified in writing by the
sheriff; or be a full-time employee of an agency who
must be sworn by the sheriff in order to perform his
duties as certified in writing by the Sheriff.
(4) Employees of a North Carolina Sheriff's Department
who have previously held general or grandfather law
enforcement officer certification but are presently, by
virtue of promotion or transfer, serving in non-sworn
positions not subject to certification are eligible to
participate in the Professional Certificate Program.
Eligibility for this exception requires continuous
employment with the sheriff's department from the
date of promotion or transfer from a sworn, certified
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position to the date of application for a professional
certificate.
(5) Only training or experience gained in an officer's
area of expertise will be eligible for application to
this program,
(b) Certificates shall be awarded based upon a formula which
combines formal education, law enforcement training, and
actual experience as a law enforcement officer. These
professional certificates are appropriate for sworn sheriffs and
full-time deputy sheriffs. Points are computed in the following
manner:
(1) Each semester hour of college credit shall equal one
education point and each quarter hour shall equal
two-thirds of an education point. No correspondence
or vocational courses shall be credited towards
education points unless an accredited institution
credits the course(s) towards a degree;
(2) Twenty classroom hours of commission-approved
law enforcement training shall equal one training
point;
(3) Experience as a sworn law enforcement officer as
defined in Rule .0103(16) of this Subchapter shall be
acceptable for consideration;
(4) Applicants holding degrees shall not be awarded
additional points for those degrees and must instead
meet the training point requirements of this Section
through completion of law enforcement training.
History Note: Authority G. S. 1 7E-4;
Eff. January 1. 1989:
Amended Eff. August 1_^ 1 998: January 1. 1992: January 1,
1991; January 1. 1990.
.1006 HOW TO APPLY
(a) All applicants for an award of the basic, intermediate or
advanced certificates shall complete an "Application:
Professional Certificate/Service Award", (F-6).
(b) Documentation of education shall be provided by copies
of transcripts, diplomas, or certified letters from the accredited
institution.
(c) Documentation of training shall be provided by copies of
training records signed by the agency's training officer or
department head, or by providing certificates of completion.
Military Police Officers shall provide a military DD -214 form
for verification of service. Federal government employees (law
enforcement agencies), shall provide certified letters of
verification of employment or copies of federal oaths of office.
(d) Documentation of the applicant's length of service in
North Carolina shall be based upon the Division's certification
records, however, oaths of office may be requested of the
applicant. Documentation shall be provided by certified letters
of verification of employment from present or former out-of-
state employers (law enforcement agencies).
(e) The applicant shall submit the "Application: Professional
Certificate'SeiAice Award". (F-6) to the agency head who shall
attach his recommendation and forward the application to the
Division. Cenificates shall be issued to the asencv head for
award to the applicant.
History Note: Authority G.S. 17E-4:
Ejf. January 1, 1989:
Amended Eff. August L. 1998: January 1, 1992: Januarx 1,
1991.
SECTION .1200 - PROFESSIONAL CERTIFICATE
PROGRAM FOR DETENTION OFFICERS
.1202 GENERAL PROVISIONS
(a) In order to be eligible for one or more of the detention
officer professional awards, a detention officer shall first meet
the following preliminary qualifications:
(1) Be a full-time detention officer who holds valid
general or grandfather certification. A detention
officer serving under a probationary certification is
not eligible for consideration. Any detention officer
subject to suspension or revocation proceedings by
the Commission or the North Carolina Criminal
Justice Education and Training Standards
Commission shall not be eligible for any detention
officer professional awards for the pendency of the
proceeding.
(2) Be familiar with and subscribe to the Law
Enforcement Code of Ethics as promulgated by the
International Association of Chiefs of Police to
include any subsequent editions or modifications
thereto. A copy of the Code of Ethics may be
obtained at no cost from the Sheriffs' Standards
Di\'ision, North Carolina Department of Justice, Post
Office Box 629, Raleigh, North Carolina 27602-
0629.
(3) Employees of a North Carolina Sheriff's Department
who have previously held general or grandfather
detention officer certification but are presently, by
virtue of promotion or transfer, serving in positions
not subject to certification are eligible to participate
in the Professional Certificate Program. Eligibility
for this exception requires continuous employment
with the sheriff's department from the date of
promotion or transfer from a certified position to the
date of application for a professional certificate.
(b) Only training and experience gained in an officer's area
of expertise shall be eligible for application to this program.
(c) Certificates shall be awarded based upon a formula which
combines formal education, training, and actual experience as
a detention officer. Points are computed in the following
manner;
(1 ) Each semester hour of college credit shall equal one
education point and each quaner hour shall equal two
thirds of an education point. No correspondence or
vocational courses shall be credited towards
education points unless an accredited institution
credits the course(s) towards a degree;
(2) Twenty classroom hours of commission-approved
training shall equal one training point;
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(3) Experience as a member of a correctional or
detention facility in North Carolina as defined in
Rule .0103(13) of this Subchapter shall be acceptable
for consideration;
(4) Applicants holding degrees shall not be awarded
additional points for those degrees and must instead
meet the training point requirements of this Section
through completion of training in the field of jails or
corrections.
History Note: Authority G.S. 17E-4:
Eff. January 1. 1990;
Amended Eff. August L. 1998: January 1, 1996; January 1,
1992.
.1206 HOW TO APPLY
(a) All applicants for an award of the Basic, Intermediate or
Advanced Certificates shall complete an "Application:
Professional Certificate/Service Award", (F-6).
(b) Documentation of education shall be provided by copies
of transcripts, diplomas, or certified letters from the accredited
institution.
(c) Documentation of training shall be provided by copies of
training records signed by the agency's training officer or
department head, or by providing certificates of completion.
No out-of-state training shall be accepted, unless, the officer is
employed in North Carolina during the time of training.
(d) Documentation of the applicant's length of service in
North Carolina shall be based upon the Division's certification
records, however, certified letters of verification of
employment from present or former employers may be
requested of applicant. No out-of-state length of service shall
be applicable to this certificate program.
(e) The applicant shall submit the "Application: Professional
Certificate/Service Award", (F-6) to his sheriff who shall attach
his recommendation and forward the application to the
Commission. Certificates will be issued to the sheriff for
award to the applicant.
History Note: Authority G. S. 1 7E-4;
Eff. January 1. 1990;
Amended Eff. Aug ust L 1998: January 1. 1991.
TITLE 13 DEPARTMENT OF LABOR
CHAPTER 16 - MIGRANT HOUSING
SECTION .0100 - GENERAL
.0101 PURPOSE
This Chapter sets forth the rules of procedure for
implementing G.S. 95, Article 19, Migrant Housing Act of
North Carolina.
History Note: Authority' G.S. 95-4(2); 95-222; 95-224; 95-
227;
Eff. June 1. 1991;
Amended Eff July 1. 1998.
.0102 FORMS
This Rule was proposed as an amendment but is repealed.
History Note: Authority G.S. 95-227; 150B-11;
Eff. June 1. 1991;
Repealed Eff. July 1. 1998.
SECTION .0200 - INSPECTIONS
.0201 PREOCCUPANCY INSPECTIONS
(a) Following the filing of an "application for inspection" by
an operator, the Department shall contact the operator, at which
time, the Department shall provide information regarding the
inspection of the migrant housing facility.
(b) During an inspection, the Commissioner or assigned
designees may take measurements, samples, photographs,
videos, conduct interviews or employ other reasonable
investigative techniques.
(c) The migrant housing operator or representative shall be
afforded an opportunity to provide pertinent information
regarding conditions in the housing.
(d) At the conclusion of an inspection, the Commissioner or
assigned designees shall provide a written statement of any
identified health or safety violation(s) to the migrant housing
operator or representative.
Histon Note: Authority G.S. 95-4(2); 95-226; 95-227;
Eff. June 1, 1991;
Amended Eff July I. 1998.
SECTION .0300 - PROVISIONAL OCCUPANCY
.0301 PROVISIONAL OCCUPANCY
This Rule was proposed as an amendment but is repealed.
History Note: Authority G.S. 95-136(g); 95-226; 95-227;
Eff. June 1. 1991;
Repealed Eff. July 1. 1998.
.0302 PROVISIONAL OCCUPANCY DENIED
History Note: Authority G.S. 95-225; 95-226; 95-227;
130A-337;
Eff. June 1, 1991;
Repealed Eff. July 1. 1998.
.0303 INSPECTION OF PROVISIONALLY
OCCUPIED HOUSING
History Note: Authority G.S. 95-1 36(g); 95-226; 95-227;
Eff. June 1. 1991;
Repealed Eff July /. 1998.
SECTION .0400 - ENFORCEMENT
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.0402 CITATIONS AND PENALTIES
Pursuant to G.S. 95-227, citations and penalties for violating
the provisions of this Chapter or G.S. 95, Anicle 19 shall be
issued in accordance with G.S. 95-137 and G.S. 138(a).
Histon Note: Authorin G.S. 95-4(2): 95-227;
Eff. July 1. 1998.
SECTION .0500 - APPEALS
.0501 APPEALING NON-ISSUANCE OF A
MIGRANT HOUSING CERTIFICATE
An operator who is denied a migrant housing certificate
requested pursuant to G.S. 95-226 may, within fifteen days of
the denial, request that the Commissioner, or his designee,
review the decision. The Commissioner's decision may be
appealed in accordance with Article 3 of G.S. 150B.
History Note: Authority G.S. 95-4(2): 95-227:
Eff. Jul\ 1. 1998.
TITLE 15A - DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOUTtCES
CHAPTER 2 - ENVIRONMENTAL MANAGEMENT
SUBCHAPTER 2L - GROLTVDVVATER
CLASSinCATION AND STANDARDS
SECTION .0100 - GENERAL CONSIDERATIONS
.0106 CORRECTIVE ACTION
(a) Where groundwater quality has been degraded, the goal
of any required corrective action shall be restoration to the level
of the standards, or as closely thereto as is economically and
technologically feasible. In all cases involving requests to the
Director for approval of corrective action plans, or termination
of corrective action, the responsibility for providing all
information required by this Rule lies with the person(s)
making the request.
(b) Any person conducting or controlling an activity which
results in the discharge of a waste or hazardous substance or oil
to the groundwaters of the State, or in proximity thereto, shall
take immediate action to terminate and control the discharge,
mitigate any hazards resulting from exposure to the pollutants
and notifv' the Division of the discharge.
(c) Any person conducting or controlling an activity which
has not been permitted by the Division and which results in an
increase in the concentration of a substance in excess of the
standard, other than agricultural operations, shall:
(1) immediately notify the Division of the activity that
has resulted in the increase and the contaminant
concentration levels;
(2) take immediate action to eliminate the source or
sources of contamination;
(3) submit a repon to the Director assessing the cause.
significance and extent of the violation; and
(4) implement an approved corrective action plan for
restoration of groundwater qualir>' in accordance with
a schedule established by the Director, or his
designee. In establishing a schedule the Director, or
his designee shall consider any reasonable schedule
proposed by the person submitting the plan. A
report shall be made to the Health Director of the
county or counties in which the contamination occurs
in accordance with the requirements of Rule .01 14(a)
in this Section.
(d) Any person conducting or controlling an activity which
is conducted under the authority of a permit issued by the
Division and which results in an increase in concentration of a
substance in excess of the standards:
(1) at or beyond a review boundary, shall demonstrate,
through predictive calculations or modeling, that
namral site conditions, facility design and operational
controls will prevent a violation of standards at the
compliance boundary; or submit a plan for alteration
of existing site conditions, facility design or
operational controls that will prevent a violation at
the compliance boundary, and implement that plan
upon Its approval by the Director, or his designee.
(2) at or beyond a compliance boundary, shall assess the
cause, significance and extent of the violation of
standards and submit the results of the investigation,
and a plan and proposed schedule for corrective
action to the Director, or his designee. The
permittee shall implement the plan as approved by
and in accordance with a schedule established by the
Director, or his designee. In establishing a schedule
the Director, or his designee shall consider any
reasonable schedule proposed by the permittee.
(e) For the purposes of Paragraphs (c) and (d) of this Rule,
an activity conducted under the authority of a permit issued by
the Division, and subject to Paragraph (d) of this Rule, is one
for which:
(1) a permit has been issued pursuant to G.S. 143-215.1;
(2) the permit was originally issued after December 30,
1983;
(3) the substance for which a standard has been exceeded
outside the compliance boimdary has been released to
groundwater as a result of the permitted activity;
(4) all other activities shall for the purpose of this Rule
be deemed not permitted by the Division and subject
to the provisions of Paragraph (c) of this Rule.
(f) Corrective action required following discovery of the
unauthorized release of a contaminant to the surface or
subsurface of the land, and prior to or concurrent with the
assessment required in Paragraphs (c) and (d) of this Rule, shall
include, but is not limited to:
(1) Prevention of fire, explosion or the spread of
noxious fumes;
(2) Abatement, containment or control of the migration
of contaminants;
(3) Removal, or treatment and control of any primary
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pollution source such as buried waste, waste
stockpiles or surficial accumulations of free products;
(4) Removal, treatment or control of secondary pollution
sources which would be potential continuing sources
of pollutants to the groundwaters such as
contaminated soils and non-aqueous phase liquids.
Contaminated soils which threaten the quality of
groundwaters must be treated, contained or disposed
of in accordance with applicable rules. The
treatment or disposal of contaminated soils shall be
conducted in a manner that will not result in a
violation of standards or North Carolina Hazardous
Waste Management rules.
(g) The site assessment conducted pursuant to the
requirements of Paragraph (c) of this Rule, shall include:
(1) The source and cause of contamination;
(2) Any imminent hazards to public health and safety
and actions taken to mitigate them in accordance with
Paragraph (f) of this Rule;
(3) All receptors and significant exposure pathways;
(4) The horizontal and vertical extent of soil and
groundwater contamination and all significant factors
affecting contaminant transport; and
(5) Geological and hydrogeological features influencing
the movement, chemical, and physical character of
the contaminants.
Reports of site assessments shall be submitted to the Division
as soon as practicable or in accordance with a schedule
established by the Director, or his designee. In establishing a
schedule the Director, or his designee shall consider any
reasonable proposal by the person submitting the report.
(h) Corrective action plans for restoration of groundwater
quality, submitted pursuant to Paragraphs (c) and (d) of this
Rule shall include:
(1) A description of the proposed corrective action and
reasons for its selection.
(2) Specific plans, including engineering details where
applicable, for restoring groundwater quality.
(3) A schedule for the implementation and operation of
the proposed plan.
(4) A monitoring plan for evaluating the effectiveness of
the proposed corrective action and the movement of
the contaminant plume.
(i) In the evaluation of corrective action plans, the Director,
or his designee shall consider the extent of any violations, the
extent of any threat to human health or safety, the extent of
damage or potential adverse impact to the environment,
technology available to accomplish restoration, the potential for
degradation of the contaminants in the environment, the time
and costs estimated to achieve groundwater quality restoration,
and the public and economic benefits to be derived from
groundwater quality restoration.
(j) A corrective action plan prepared pursuant to Paragraph
(c) or (d) of this Rule must be implemented using the best
available technology for restoration of groundwater quality to
the level of the standards, except as provided in Paragraphs (k),
(1), (m), (r) and (s) of this Rule.
(k) Any person required to implement an approved
corrective action plan for a non-permitted site pursuant to this
Rule may request that the Director approve such a plan without
requiring groundwater remediation to the standards. A request
submitted to the Director under this Paragraph shall include a
description of site specific conditions, including information on
the availability of public water supplies for the affected area;
the technical basis for the request; and any other information
requested by the Director to thoroughly evaluate the request.
In addition, the person making the request must demonstrate to
the satisfaction of the Director:
(1) that all sources of contamination and free product
have been removed or controlled pursuant to
Paragraph (f) of this Rule;
(2) that the time and direction of contaminant travel can
be predicted with reasonable certainty;
(3) that contaminants have not and will not migrate onto
adjacent properties, or that:
(A) such properties are served by an existing
public water supply system dependent on
surface waters or hydraulically isolated
groundwater, or
(B) the owners of such properties have consented
in writing to the request;
(4) that the standards specified in Rule .0202 of this
Subchapter will be met at a location no closer than
one year time of travel upgradient of an existing or
foreseeable receptor, based on travel time and the
natural attenuation capacity of subsurface materials
or on a physical barrier to groundwater migration
that exists or will be installed by the person making
the request;
(5) that, if the contaminant plume is expected to
intercept surface waters, the groundwater discharge
will not possess contaminant concentrations that
would result in violations of standards for surface
waters contained in 15A NCAC 2B .0200;
(6) that public notice of the request has been provided in
accordance with Rule .01 14(b) of this Section;
(7) that the proposed corrective action plan would be
consistent with all other environmental laws.
(1) Any person required to implement an approved corrective
action plan for a non-permitted site pursuant to this Rule may
request that the Director approve such a plan based upon
natural processes of degradation and attenuation of
contaminants. A request submitted to the Director under this
Paragraph shall include a description of site specific conditions,
including written documentation of projected groundwater use
in the contaminated area based on current state or local
government planning efforts; the technical basis for the request;
and any other information requested by the Director to
thoroughly evaluate the request. In addition, the person
making the request must demonstrate to the satisfaction of the
Director:
(1) that all sources of contamination and free product
have been removed or controlled pursuant to
Paragraph (f) of this Rule;
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(2) that the contaminant has the capacity to degrade or
attenuate under the site-specitlc conditions;
(3) that the time and direction of contaminant travel can
be predicted with reasonable certainty;
(4) that contaminant migration will not result in any
violation of applicable groundwater standards at any
existing or foreseeable receptor;
(5) that contaminants have not and will not migrate onto
adjacent properties, or that:
(A) such propenies are served by an existing
public water supply system dependent on
surface waters or hydraulically isolated
groundwater, or
(B) the owners of such properties have consented
in writing to the request;
(6) that, if the contaminant plume is expected to
intercept surface waters, the groundwater discharge
will not possess contaminant concentrations that
would result in violations of standards for surface
waters contained in 15A NCAC 2B .0200;
(7) that the person making the request will put in place
a groundwater monitoring program sufficient to track
the degradation and attenuation of contaminants and
contaminant by-products within and down gradient of
the plume and to detect contaminants and
contaminant by-products prior to their reaching any
existing or foreseeable receptor at least one year's
time of travel upgradient of the receptor and no
greater than the distance the groundwater at the
contaminated site is predicted to travel in five years;
(8) that all necessary access agreements needed to
monitor groundwater quality pursuant to
Subparagraph (7) of this Paragraph have been or can
be obtained;
(9) that public notice of the request has been provided in
accordance with Rule .01 14(b) of this Section; and
(10) that the proposed corrective action plan would be
consistent with all other environmental laws,
(m) The Division or any person required to implement an
approved corrective action plan for a non-permitted site
pursuant to this Rule may request that the Director approve
termination of corrective action.
(1) A request submitted to the Director under this
Paragraph shall include:
(A) a discussion of the duration of the corrective
action, the total project's cost, projected
annual cost for continuance and evaluation of
the success of the corrective action;
(B) an evaluation of alternate treatment
technologies which could result in further
reduction of contaminant levels projected
capital and annual operating costs for each
technology;
(C) effects, including health and safety impacts,
on groundwater users if contaminant levels
remain at levels existing at the time corrective
action is terminated; and
(D) any other information requested by the
Director to thoroughly evaluate the request.
(2) In addition, the person making the request must
demonstrate to the satisfaction of the Director:
(A) that continuation of corrective action would
not result in a significant reduction in the
concentration of contaminants (At a minimum
this demonstration must show the duration and
degree of success of existing remedial efforts
to attain standards and include a showing that
the asymptotic slope of the contaminants curve
of decontamination is less than a ratio of 1:40
over a term of one year based on quarterly
sampling);
(B) that contaminants have not and will not
migrate onto adjacent properties, or that:
(i) such properties are ser\'ed by an
existing public water supply system
dependent on surface waters or
hydraulically isolated groundwater, or
(ii) the owners of such properties have
consented in writing to the request;
(C) that, if the contaminant plumes expected to
intercept surface waters, the groundwater
discharge will not possess contaminant
concentrations that would result in violations
of standards for surface waters contained in
15A NCAC 2B .0200;
(D) that public notice of the request has been
provided in accordance with Rule .01 14(b) of
this Section; and
(E) that the proposed termination would be
consistent with all other environmental laws.
(3) The Director shall not authorize termination of
corrective action for any area that, at the time the
request is made, has been identified by a state or
local groundwater use planning process for resource
development.
(4) The Director may authorize the termination of
corrective action, or amend the corrective action plan
after considering all the information in the request.
Upon termination of corrective action, the Director
shall require implementation of a groundwater
monitoring program sufficient to track the
degradation and attenuation of contaminants at a
location of at least one year's predicted time of travel
upgradient of any existing or foreseeable receptor.
The monitoring program shall remain in effect until
there is sufficient evidence that the contaminant
concentrations have been reduced to the level of the
standards.
(n) Upon a determination by the Director that continued
corrective action would result in no significant reduction in
contaminant concentrations, and the contaminated groundwaters
can be rendered potable by treatment using readily available
and economically reasonable technologies, the Director may
designate the remaining area of degraded groundwater RS.
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Where the remaining degraded groundwaters cannot be made
potable by such treatment, the Director may consider a request
for reclassification of the groundwater to a GC classification as
outlined in Rule .0201 of this Subchapter.
(o) If at any time the Director determines that a new
technology is available that would remediate the contaminated
groundwater to the standards specified in Rule .0202 of this
Subchapter, the Director may require the responsible party to
evaluate the economic and technological feasibility of
implementing the new technology in an active groundwater
corrective action plan in accordance with a schedule established
by the Director. The Director's determination to utilize new
technology at any site or for any particular constituent shall
include a consideration of the factors in Paragraph (h) of this
Rule.
(p) Where standards are exceeded as a result of the
application of pesticides or other agricultural chemicals, the
Director shall request the Pesticide Board or the Depanment of
Agriculture to assist the Division of Environmental
Management in determining the cause of the violation. If the
violation is determined to have resulted from the use of
pesticides, the Director shall request the Pesticide Board to take
appropriate regulatory action to control the use of the chemical
or chemicals responsible for, or contributing to, such
violations, or to discontinue their use.
(q) The approval pursuant to this Rule of any corrective
action plan, or modification or termination thereof, which
permits the migration of a contaminant onto adjacent propeny,
shall not affect any private right of action by any party which
may be effected by that contamination.
(r) If a discharge or release is not governed by 15A NCAC
2L .0115 and the increase in the concentration of a substance in
excess of the standard resulted in whole or in part from a
release from a commercial or noncommercial underground
storage tank as defined in G.S. 143-2 15. 94A, any person
required to implement an approved corrective action plan
pursuant to this Rule and seeking reimbursement for the
Commercial or Noncommercial Leaking Petroleum
Underground Storage Tank Cleanup Funds shall implement a
corrective action plan meeting the requirements of Paragraph
(k) or (1) of this Rule unless such a person demonstrates to the
Director that:
(1) contamination resulting from the discharge cannot
qualify for approval of a plan based on the
requirements of the Paragraphs; or
(2) the cost of making such a demonstration would
exceed the cost of implementing a corrective action
plan submitted pursuant to Paragraph (c) of this
Rule.
(s) If a discharge or release is not governed by 15 A NCAC
2L .01 15 and the increase in the concentration of a substance in
excess of the standard resulted in whole or in part from a
release from a commercial or noncommercial underground
storage tank as defined in G.S. 143-215. 94A, the Director may
require any person implementing or operating a previously
approved corrective action plan pursuant to this Rule to:
(1) develop and implement a corrective action plan
(2)
meeting the requirements of Paragraphs (k) and (1) of
this Rule: or
seek discontinuance of corrective action pursuant to
Paragraph (m) of this Rule.
History Note: Authority G.S. 143-215.2; 143-215. 3(a)(1);
143-215.94A: 143-215.94(7); 143-215. 94V; 143B-282; 1995
(Reg. Sess. 1996) c. 648. s. 1;
Ejf. August 1. 1989;
Amended Eff. October 1, 1993; September 1, 1992;
Temporary' Amendment Eff. January 2, 1998; January 2, 1996;
Amended Ejf . August 1. 1998.
SUBCHAPTER 2N
UNDERGROUND STORAGE
TANKS
SECTION .0700 - RELEASE RESPONSE
AND CORRECTIVE ACTION FOR UST
SYSTEMS CONTAINING PETROLEUM
OR HAZARDOUS SUBSTANCES
.0701 GENERAL
(a) The "General" provisions contained in 40 CFR 280.60
(Subpart F) have been incorporated by reference in accordance
with G.S. 150B-21.6. The Code of Federal Regulations
incorporated by reference in this Rule shall automatically
include any later amendments thereto as allowed by G.S. I50B-
21.6 and 15A NCAC 2N .0103. Copies of referenced Federal
Regulations and the cost of those regulations may be obtained
pursuant to 15A NCAC 2N .0102.
(b) Any corrective action undertaken in accordance with this
Section must meet the requirements and standards specified in
15A NCAC 2L.
History Note; Authority G.S. 143-215. 3(a)(15);
1 438-282(2) (h); 150B-21.6;
Ejf. January 1. 1991;
Temporar\- Amendment Eff. January 2. 1998;
Amended Eff. Aug ust 1. 1998.
CHAPTER 6 - SOIL AND WATER
CONSERVATION COMMISSION
SUBCHAPTER 6E - AGRICULTURE COST SHARE
PROGRAM FOR NONPOINT SOURCE
POLLUTION CONTROL
SECTION .0100
AGRICULTURE COST SHARE
PROGRAM
.0104
BEST MANAGEMENT PRACTICES
ELIGIBLE FOR COST SHARE PAYMENTS
(a) BMP's eligible for cost sharing will be restricted to those
BMP's listed in the Detailed Implementation Plan approved by
the commission for the current program year. BMP's shall
meet the following criteria to be listed in the Detailed
Implementation Plan:
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APPROVED RULES
(1) All eligible BMP's must be designed to reduce the
input of agricultural nonpoint source pollution into
the water courses of the state or as otherwise
authorized by statute.
(2) Information establishing the average cost of the
specified BMP must be available. District BMP's
may use actual costs as indicated by receipts, if
average costs are not available.
(3) Eligible BMP's shall have adequate technical
specifications as set fonh in Paragraph (b) of this
Rule.
(b) BMP definitions and specifications are set forth
periodically in the USDA-Natural Resources Conservation
Service Technical Guide, Section IV, Raleigh, Nonh Carolina
or by the division for district BMP's. BMP specifications
appropriate for the current program year shall be met or
exceeded in order for an applicant to qualify for cost sharing.
Provisions for exceeding BMP design specifications by an
applicant max be considered at the time of application with the
district. The applicant shall assume responsibility for all costs
associated with exceeding BMP design specifications.
(c) The minimum life expectancy of the BMP's shall be
listed in the Detailed Implementation Plan. Practices
designated by a district shall meet the life expectancy
requirement established by the division for that district BMP.
Hision Note: Authority G.S. 139-8; 143-215. 74;
Eff. Max 7, 1987;
Recodified from 15A NCAC 6E .0004 Eff. December 20, 1996;
Amended Eff. January 1. 1998.
.0105 COST SHARE AND INCENTIVE PAYMENTS
(a) Cost share and incentive payments may be made through
LTA's or AA's between the district and the applicant.
(b) For all practices except those eligible for CSI, the state
shall provide 75 percent and the applicant 25 percent of the
average cost for BMP installation. In-kind contributions by the
applicant shall be included in the applicants' cost share
contribution. In-kind contributions shall be specified in the
agreement for cost sharing and shall be approved by the
district.
(c) Payments for BMP's restricted to the CSI shall be limited
to a maximum of three years per farm.
(d) Average installation costs for each comparative area or
region of the state and the amount of cost share incentive
payments shall be updated and revised annually by the division
for approval by the commission.
(e) The maximum total cost share payments to an applicant
shall be limited to seventy-five thousand dollars (575,000) per
year.
(f) Cost share payments to implement BMP's under this
program may be combined with other funding programs, as
long as the combined cost share rate does not exceed the
amount and percentages set fonh in Paragraphs (b) and (e) of
this Rule.
(g) Use of cost share payments is restricted to land located
within the county approved for funding by the commission. In
the situation where an applicant's farm is not located solely
within a county, the entire farm, if contiguous, shall be eligible
for cost share payments.
(h) Cost share contracts used on or for local, state or federal
government land must be approved by the commission in order
to avoid potential conflicts of interest and to ensure that such
contracts are consistent with the purposes of this program.
Histon Note: Authority G.S. 139-4; 139-8: 143-215.74;
143B-294;
Eff. May 1. 1987;
Temporary Amendment Eff. September 23. 1996;
Recodified from 15A NCAC 6E .0005 Eff. December 20. 1996;
Temporary Amendment Expired on June 13. 1997;
Amended Eff. January- 1. 1998.
CHAPTER 7 - COASTAL MANAGEMENT
SUBCHAPTER 7.M - GENERAL POLICY
GUIDELINES FOR THE COASTAL AREA
SECTION .0300 - SHOREFRONT ACCESS
POLICIES
.0303 GLTDELINTS FOR PUBLIC ACCESS
(a) Development shall not intertere with the public's right of
access to the waterfront where such access has been established
through donation, acquisition, express or implied dedication or
prescriptive easement.
(b) Public beach nourishment projects funded by the state
and federal government must include provisions for adequate
public access within the vicinity of the project based on
applicable Division of Coastal Management standards.
(c) Policies regarding state and federal properties with
waterfront areas intended to be used by the public must provide
for public access and adequate parking so as to achieve
maximum public use and benefit of these areas consistent with
established legislation.
(d) Local governments are encouraged to participate in the
Public Beach and Coastal Waterfront Access Program as
authorized by G.S. 113A-134.1 - 113A-134.3. The access
program is intended to serve both year-round and seasonal
users. In determining parking needs for access, particularly for
day visitor destination beaches, local governments may use the
peak seasonal population estimate provided in their land use
plan as set out in 7B .02 1 1 .
(e) Public access projects shall be consistent with public
access policies contained in the local government's land use
plan as required in 15A NCAC 7B .0212(aK3)(x) of this
Chapter or in its local waterfront access plan. If a local access
plan does not exist, a local recreation plan that addresses public
access may provide guidance as to local needs.
(f) Local governments with public access sites funded by the
Division of Coastal Management pursuant to G.S. 1 13-134.3
may charge reasonable user fees as long as those fees are used
exclusively for operation and maintenance of the access facility.
Funding from others agencies or sources may cariy different
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APPROVED RULES
regulations about user fees. Other regulations, including
schedules of operation, may also be established.
(g) Local governments shall have lead responsibility for the
selection of public access sites within their jurisdiction. Access
shall be based on identified needs as stated in h'lnd use plans
approved pursuant to I5A NCAC 7B .0216 of this Chapter and
local waterfront access plans. The Division of Coastal
Management may provide some assistance in determining the
location of regional and multi-regional sites.
(h) The primary purpose of the public access program is to
provide funds to acquire or develop land for pedestrian access,
including parking as authorized by G.S. 113A-134.3(c).
Boating and fishing facilities may be funded, provided
pedestrian access is the primary objective of the proposed
project.
(i) Local governments are encouraged to plan for and
develop ocean access areas that provide convenient access
opportunities along the entire length of the shoreline within its
jurisdiction. In preparing land use plan policies on public
beach access pursuant to 15A NCAC 78 .0212(3)(B)(x) of this
Chapter, local governments are encouraged to consider the
following guidelines:
(1) Local/Neighborhood Access Sites-one - one per
block in the community;
(2) Regional Access Sites - one per locality or one per
four miles, whichever yields the most public access;
(3) Multi-regional Access Sites - one per barrier island
or one per 10 miles whichever yields the most public
access.
(j) In preparing land use plan policies on public waterfront
access pursuant to 15A NCAC 7B .0212(3)(B)(x) of this
Chapter, local governments are encouraged to consider the
following guidelines:
(T) Local Access Sites - one per block;
(2) Neighborhood Access Sites - one per 50 dwelling
units;
(3) Regional Access Sites - one per local government
jurisdiction;
(4) Multi-regional Access Sites - one per coastal county.
Parking facilities for these projects shall be based on
seasonal population estimates.
(k) Pursuant to G.S. 113A-134.3(a), local governments shall
give priority to the acquisition of unbuildable lots for public
access purposes.
(1) The construction of facilities other than parking, litter
receptacles, and public access signs is not encouraged in inlet
beach areas.
History Note: Authority G.S. 113A-124: 113A-134.1:
113A-134.3; 153A-227{a): 160A-314(a); 16 U.S.C. Sec. 1453;
Ejf. March 1. 1979:
Amended Eff. March 1. 1988: March 1, 1985: July 1, 1982:
RRC Objection due to lack of necessity and unclear language
Ejf. October 17. 1991:
Amended Ejf. January L 1998: March I. 1992.
CHAPTER 8 WATER POLLUTION CONTROL
SYSTEM OPERATORS
CERTIFICATION COMMISSION
SUBCHAPTER 8F - CERTIHCATION OF
OPERATORS OF ANIMAL WASTE
MANAGEMENT SYSTEMS
SECTION .0200 - DUTIES AND REQUIREMENTS
.0203 DUTIES AND REQUIREMENTS OF AN
OPERATOR IN CHARGE
(a) An Operator in Charge of any animal waste management
system shall:
(1) possess a currently valid certification as an Animal
Waste Management System Operator of the
appropriate type;
(2) visit, and inspect each animal waste management
system at a frequency sufficient to ensure proper
operation of the system; and
(3) be responsible for the proper application of the
animal waste; properly manage, supervise and
document daily operation and maintenance of the
system; and certify monitoring and reporting
information as prescribed in the permit.
(b) The Operator in Charge or a designated back-up
Operator in Charge of a Type A Animal Waste Management
System shall:
(1) ensure that animal waste is applied in accordance
with the animal waste management plan and the
permit issued for the animal operation;
(2) inspect, or a person under the supervision of an
Operator in Charge or designated back-up Operator
in Charge shall inspect, the land application site at
least every four hours during the application of
animal waste; and
(3) inspect the land application site within 24 hours of
the application of animal waste if the Operator in
Charge was not present during the application of
animal waste.
(c) The Operator in Charge or a designated back-up Operator
in Charge of a Type B Animal Waste Management System
shall:
(1) ensure that animal waste is applied in accordance
with the animal waste management plan and the
permit issued for the animal operation;
(2) inspect, or a person under the supervision of an
Operator in Charge or designated back-up Operator
in Charge shall inspect, the land application site
during the application of animal waste; and
(3) inspect the land application site within 48 hours of
the application of animal waste if the Operator in
Charge was not present during the application of
animal waste.
(d) Any certified operator that contracts with an owner to
serve as Operator in Charge shall submit an aimual report to the
Certification Commission in accordance with G.S. 90A-45(c).
This report shall be submitted on or before January 15 of each
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APPROVED RULES
\ear and shall include the following information:
(1) the name of the cenified operator, mailing address,
phone number, and certificate number(s): and
(2) the name, mailing address, county, and facility
identification number, and t\pe of each animal waste
management system for which the certified operator
has been designated as Operator in Charge.
Hiswn.- Note: Authonn G.S. 90A-47: 143B-300;
Temporary Adoption Eff. January 7, 1997:
E ff. August 1. 1998.
TITLE 16 - DEP.\RTMENT OF
PLfBLIC EDUCATION
CHAPTER 6 - ELE.MENT.\RY AND
SECONDARY EDUCATION
SUBCHAPTER 6C - PERSONTsEL
SECTION .0300 - CERTinC.A.TION
.0307 CERTinCATE RENEWAL
(a) Certificates shall be valid for a period of five years from
the effective date of issuance. Holders must renew their
certificates within each five-\ear period. The Depanment shall
apply renewal credit to the person's certificate field(s) and
professional duties.
(b) The Depanment shall base renewal or reinstatement of
a certificate on 15 units of renewal credit. A unit of credit is
equal to one quarter hour or two-thirds of a semester hour of
IHE credit, or one school \ear of teaching experience. The
Department shall not record less than one credit on a cenificate.
For their own emplo\ees. LE.'Xs may approve staff development
activities that carr.' less than one unit of credit.
(c) Currently emplo>'ed personnel shall maintain a
professional growth plan. These persons may obtain renewal
credit for the following acti\ities:
(1) college or university credit activities;
(2) teaching experience (one unit for every year);
(3) local in-sep.ice courses or workshops which earn,' at
least one unit of renewal credit and which meet the
following criteria:
(A) ten clock hours of direct training b\' the
instructor will equal one unit of renewal
credit;
(B) content and instructional acti\ities designed in
a sequential maimer to develop specified
competencies of a specific population;
(C) led b\' instructional personnel directh'
supervised b>' the sponsoring school unit; and
(D) credit is granted on the basis of program
completion and achievement of specified
individual performance, which is determined
by individual evaluation for specified
competencies;
(4) independent study of no more than five units of
renewal credit per five->'ear renewal period which
meets the following criteria:
(A) teachers and other certified personnel help to
develop local independent study procedures
which the superintendent keeps on file and
periodicalh' sends to each cenified employee;
and
(B) the employee and the superintendent or his or
her designee plan the experience in advance,
including identification of competencies to be
acquired and an e%aluation to determine
satisfactory achievement of those
competencies.
(d) Each LEA and approved governing boards of schools are
responsible for assuring that all local courses and workshops
and independent study activities which do not cany IHE credit
meet the standards contained in this Rule.
(e) Agencies which the Depanment authorizes to administer
renewal requirements locally shall adopt a procedure to
determine the appropriateness of credit in advance of the
renewal activity. In determining appropriateness the agency
must consider direct relationship to critical job responsibilities,
suitability of the content level and properh- established credit
for the activity. Each agency must repon on panicipation in
and effectiveness of renewal activities as the Depanment
requests.
(f) Persons who hold a Nonh Carolina cenificate but who
are not cunently employed in the public schools or by approved
boards may earn renewal credit in college or university credit
activities, or local courses and workshops on the same basis as
currenth' employed persons.
Histor\ Note: Authority G.S. 115C-12(9)(a):
N.C. Constitution. Article IX. Sec. 5;
Eff. July 1, 1986:
Amended Eff. January- 2, 1998: Jul\ 1. 1994: December 1.
1991.
SUTBCH-\PTER 6D - CVSTRUCTION
SECTION .0100 - CLURICUT.U'M
.0103 GRADUATION REQUIREMENTS
(a) In order to graduate and receive a high school diploma,
public school smdents must meet the requirements of Paragraph
(h) and attain passing scores on competency tests adopted b>
the SBE and administered by the LE.^. Students who satisfs' all
state and local graduation requirements but who fail the
competency tests will receive a cenificate of achievement and
transcript and shall be allowed by the LEA to panicipate in
graduation exercises.
(1) The passing score for the competency test, which is
the same as grade-level proficiency as set fonh in
Rule .0304 of this Subchapter, shall be level III or
higher. The four possible levels of achievement on
these tests and for all tests administered pursuant to
1651
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APPROVED RULES
Section .0300 of this Subchapter shall be:
(A) Level I - fails to achieve at a basic level.
Students performing at this level do not have
sufficient mastery of knowledge and skills in
this subject area to be successful at the next
grade level.
(B) Level II - achieves at a basic level. Students
performing at this level demonstrate
inconsistent mastery of knowledge and skills
-that are fundamental in this subject area and
that are minimally sufficient to be successful
at the next grade level.
(C) Level III - achieves at a proficient level.
Students performing at this level consistently
demonstrate mastery of grade level subject
matter and skills and are well prepared for the
next grade level.
(D) Level IV - achieves at an advanced level.
Students performing at this level consistently
perform in a superior manner clearly beyond
that required to be proficient at grade level
work,
(2) Special education students may apply in writing to be
exempted from taking the competency tests. Before
it approves the request, the LEA must assure that the
parents, or the child if aged 18 or older, understand
that each student must pass the competency tests to
receive a high school diploma.
(3) Any student who has failed to pass the competency
tests by the end of the last school month of the year
in which the student's class graduates may receive
additional remedial instruction and continue to take
the competency tests during regularly scheduled
testing until the student reaches maximum school
age.
(b) In addition to the requirements of Paragraph (a), students
must successfully complete 20 course units in grades 9-12 as
specified below.
(1) Effective with the class entering ninth grade for the
1998-99 school year, the 20 course units must
include:
(A) four units in English, which must be English
I, II, III, and IV;
(B) three units in mathematics, one of which must
be Algebra I;
(C) three units in social studies, one of which
must be in government and economics, one in
United States history and one in world studies;
(D) three units in science, one of which must be
biology, one a physical science, and one
earth/environmental science;
(E) one unit in physical education and health; and
(F) six units designated by the LEA, which may
be undesignated electives or courses
designated from the standard course of study.
(2) LEAs may count successful completion of course
work in the ninth grade at a school system which
does not award course units in the ninth grade toward
the requirements of this Rule.
(3) LEAs may count successful completion of course
work in grades 9-12 at a summer school session
toward the requirements of this Rule.
(4) LEAs may count successful completion of course
work in grades 9-12 at an off-campus institution
toward the requirements of this Rule. No high school
may approve enrollment in post-secondary
institutions during the regular school year in excess
of five percent of its enrollment in grades 10-12
except as allowed by the SBE. 23 NCAC 2C .0301
governs enrollment in community college
institutions.
(c) Effective with the class of 2002, all students must
demonstrate computer proficiency as a prerequisite for high
school graduation. The passing scores for this proficiency shall
be 47 on the multiple choice test and 49 on the performance
test. This assessment shall begin with all eighth graders during
the 1997-98 school year. A student with disabilities shall
demonstrate proficiency by the use of a portfolio if this method
is required by the student's lEP.
(d) Effective with the class entering ninth grade for the
1992-93 school year, special needs students as defined by G.S.
1 15C-109, excluding gifted and pregnant, who do not meet the
requirements for a high school diploma will receive a
graduation certificate and shall be allowed to participate in
graduation exercises if they meet the following criteria:
(1) successful completion of 20 course units by general
subject area (4 English, 3 math, 3 science, 3 social
studies, I health and physical education, and 6 local
electives) under Paragraph (b). These students are
not required to pass the specifically designated
courses such as Algebra I, Biology or United States
history,
(2) completion of all lEP requirements.
Histon Note: Authority G.S. 115C-12(9)c.; 115C-81(a);
115C-180; N.C. Constitution. Article IX. Sec. 5;
Eff. July 1. 1986:
Amended Eff. Januar\- 2, 1998: January 1, 1993: July 1, 1992.
SECTION .0300 - TESTING PROGRAMS
.0301 TESTING REQUIREMENTS AND
OPPORTUNITIES
(a) All public school students enrolled in the grades for
which the SBE adopts a test, including every child with
disabilities, shall participate in the testing program unless
excluded from testing as provided by 16 NCAC 60 .0305(g).
(b) All public students enrolled in the 10th, 11th and 12th
grade shall have at least one opportunity each school year to
take the competency tests. LEAs shall administer the tests so
that any student who does not pass the tests shall have an
opportunity to receive remediation. A student who attains a
passing score, as defined in 16 NCAC 6D .0103(a)(1), on a
portion of the competency test does not need to retake the test.
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NORTH CAROLINA REGISTER
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1652
APPROVED RULES
The LEA shall develop plans to provide remedial sendees to
students who fail any of the competency tests, or who are
identified as having a high risk of failing. The LEA shall
design the plan to meet the needs of individual students.
Hisron Noie: Auihorin G.S. 1 15C-12(9!c.;
Eff. July 1. 1986:
Amended Eff. Janiian 2^ 1998: June 1. 1996.
SL^CHAPTER 6G - EDUCATION AGENCY
RELATIONS
SECTION .0300 - PERFORM.\NCE-BASED
ACCOLTvTABILITY PROGRAMS
.0305 AN"NXAL PERFORMANCE ST.ANT).ARDS,
GRADES K-8
(a) For purposes of this Section, the following definitions
shall apply to kindergarten through eighth grade:
(1) "Accountability measures" are SBE-adopted tests
designed to gauge student performance and
achievement.
(2) " bg" means the state average rate of growth used in
the regression formula for the respective grades and
subjects. The values for bg shall be as follows:
(A) for reading:
(3)
(4)
(5)
(i)
(ii)
(iii)
(iv)
(V)
(VI)
6.0 for grade 3
5.2 for grade 4
4.6 for grade 5
3.0 for grade 6
3.3 for grade 7
2.7 for grade 8
and
(6)
(B) for mathematics:
(i) 11.9 for grade 3:
(ii) 7.3 for grade 4;
(iii) 7.4 for grade 5;
(iv) 7.1 for grade 6;
(v) 6.5 for grade 7; and
(vi) 4.9 for grade 8.
b." means the value used to estimate true
proficiency in the regression formula. The values for
b| shall be 0.22 for reading and 0.26 for
mathematics.
" b;" means the value used to estimate regression to
the mean in the regression formula. The values for b.
shall be -0.60 for reading and -0.58 for mathematics.
"Compliance commission" means that group of 20
persons selected b\- the SBE to advise the SBE on
testing and other issues related to school
accountabilit)' and improvement. The commission
shall be composed of five teachers, five principals,
four central office staff representatives, two local
school board representatives, and four at-large
members who represent parents, business, and the
communit}'.
"Composite score means a summary of student
performance in a school in reading, writing, and
mathematics.
(7) "Eligible students" means the total number of
students in membership minus the number of students
e.xempted from testing.
(8) "E.xpected growth" means the amount of growth in
smdent performance that is projected through use of
the regression formula.
(9) "E.xemplar\- growth" means the amount of growth in
smdent performance that is projected through use of
the regression formula that includes the state average
rate of growth adjusted by an additional ten percent
(10%)."
(10) "Growth standards" are the benchmarks set annually
by the SBE to measure a school's progress by use of
the regression formula and the composite score and
are equivalent to expected growth.
(11) "IRM" is the index for regression to the mean used
in the regression formula. The SBE shall compute the
IRM for reading by subtracting the Nonh Carolina
average reading scale score from the local school
average reading scale score. The SBE shall compute
the IRM for mathematics by subtracting the North
Carolina average reading scale score from the local
school average mathematics scale score. The SBE
shall base the state average
(\2) "ITP" is the index for true proficiency used in the
regression formula. The SBE shall compute the ITP
by adding the North Carolina average scale scores in
reading and mathematics and subtracting that sum
from the addition of the local school average scale
scores in reading and mathematics. The SBE shall
base the state average on data from the 1994-95
school year.
(13) " Performance standards " are the percent of students
in a school who are at or abo\e grade le\el as that
term is defined by 16 NCA(: 6D .0304. In
determining the number of students who are
performing at or above grade level at a school, the
SBE shall:"
(A) determine the number and percentage of
students who are at Level III or I\' in each
content area (reading, mathematics and
writing) across grades; and
(B) total the numerators for the various content
areas, total the denominators for the various
content areas, and calculate the total
percentage (composite) performance standard.
(14) "Regression formula" means a formula that defines
one variable in terms of one or more other variables
for the purpose of making a prediction or
constructing a model.
(15) "Standard deviation" is a statistic that indicates how
much a set of scores vary. The values used in
determining the composite score shall be based on
data from the 1993-94 school >ear.
lb) In carrying out its duty under G.S. 115C-105.35 to
establish annual performance goals for each school, the SBE
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SORTH CAROLIXA REGISTER
March 2, 1998
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APPROVED RULES
shall use both growth standards and performance standards. The
SBE shall calculate the expected growth rate for an individual
school by using the regression formula "Expected Growth = b„
+ (b, xITP) + (b, X IRM)."
(c) Schools shall be accountable for student perfonnance and
achievement. To be included in accountability measures for the
growth standard, a student in grade three through grade eight
must;
(1 ) have a pre-test score and a post-test score in reading
and mathematics. Students in grades four or seven
with writing scores shall also be included.
(2) have been in membership more than one-half of the
instructional period (91 of 180 days for regular
schedules or 46 of 90 days for semester or block
schedules).
(3) Students shall be included in the performance
standard if they have reading, mathematics, or
writing scores without reference to pretest scores or
length of membership.
(d) The SBE shall include in the accountability system on the
same basis as all other public schools each alternative school
with an identification number assigned by the Department. Test
scores for smdents who attend programs or classes in a facility
that does not have a separate school number shall be reported
to and included in the students' home schools.
(e) Each school shall test at least 98 percent of its eligible
students. If a school fails to test at least 98 percent of its
eligible students for two consecutive school years, the SBE may
designate the school as low-performing and may target the
school for assistance and intervention. Each school shall make
public the percent of eligible students that the school tests.
(f) All students who are following the standard course of
study and who are not eligible for exemption as set out in
Paragraph (g) of this Rule shall take the SBE-adopted tests.
Every student, including those students who are exempted from
testing, shall complete or have completed an answer document
(except in writing). Both the school and the LEA shall maintain
records on the exemptions of students from testing. The
Department may audit these records.
(g) Individual students may be exempted from SBE-adopted
tests as follows:
( 1 ) Limited English proficient students may be exempted
for up to two years beginning with the time of
enrollment if the student's English language
proficiency has been assessed as novice/low to
intermediate/low in listening, reading, and writing.
A student whose English language proficiency has
been assessed as intermediate/high or advanced may
be exempted from tests in which the student writes
responses for up to two years. LEAs shall use other
assessment methods for exempted students to
demonstrate that these students are progressing in
English and other subject areas.
(2) Students with disabilities may be exempted on an
individual basis if the exemption is stated in the
student's lEP and if the student is not following the
standard course of study. If a smdent with disabilities
is exempted from testing in one subject but is
included in testing for the remaining subjects, that
student shall be included in the school's 98 percent
tested requirement. The parent or guardian, or the
student if over age 18, shall sign a written consent
for test exemption that certifies that the parent,
guardian, or student understands that the exemption
for the eighth grade tests may cause the student not
to be eligible to receive a high school diploma,
(h) LEAs shall administer alternative assessments to students
who are exempted from testing to demonstrate mastery of
course or specific curriculum content,
(i) The SBE shall calculate a school's expected growth
composite in smdent performance using the following process;
(1) Calculate the indices for writing (separately) for the
three most current years for achievement levels as
defined by 16 NCAC 6C .0103(a)(1) as follows;
(A) Multiply the percent of students at level IV by
3.
(B) Multiply the percent of students at level III by
2.
(C) Determine the percent of students at level II.
(D) Add the three numbers together and divide by
three.
(E) Determine the difference in scores that is
greatest by subtracting the index two years ago
from the most recent index and then by
subtracting the index for the prior school year
from the most recent index. Multiply the
resulting difference by one half.
(2) Review expected and exemplary growth standards for
reading and mathematics at each grade level included
in the state testing program.
(3) Determine the actual growth in reading and
mathematics at each grade level included in the state
testing program, using data on groups of matched
students.
(4) Subtract the expected growth from the actual growth
in reading and mathematics at each grade level
included in the state testing program. In writing, one
tenth ( . 1 ) must be subtracted from the greater of the
two writing differences.
(5) Divide the differences for reading, writing, and
mathematics by the standard deviations of the
respective differences in growth at each grade level
to determine the standardized growth score.
(6) Add the expected standardized growth scores for
reading and mathematics at each grade level from
grade 3 to 8, and for writing at grades 4 and 7. If the
resulting number is zero or above, the school has met
the expected growth standard.
(7) To determine the composite score for exemplary
standards;
(A) Subtract the exemplary growth from the actual
growth standard in reading and mathematics at
each grade level included in the state testing
program. In writing, one tenth (.1) must be
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1654
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subtracted from the greater of the two writing
differences.
(B) Divide the difference in growth for reading,
writing, and mathematics by the standard
deviations of the respective differences in
growth at each grade level to determine the
standardized growth score.
(C) Add the exemplar^' standardized growth scores
for reading and mathematics at each grade
level from grade 3 to 8, and for writing at
grades 4 and 7. If the resulting number is zero
or above, the school has met the exemplary
growth standard.
(j) If school officials believe that the school's growth
standards were unreasonable due to specific, compelling
reasons, the school may appeal its growih standards to the SBE.
The SBE shall appoint an appeals committee composed of a
panel selected from the compliance commission to review
written appeals from schools. The school officials must clearly
document the circumstances that made the goals unrealistic and
must submit its appeal to the SBE within 30 days of receipt of
notice from the Department of the school's performance. The
appeals committee shall review all appeals and shall make
recommendations to the SBE. The SBE shall make the final
decision on the reasonableness of the growth goals.
History Note: Authorm- G.S. 1 15C-12(9)c4;
Eff. January 2. 1998.
.0306 IDENTinCATION OF LOW-PERFORMING
SCHOOLS
The SBE shall identify' a school as low-performing if its
expected growth composite score is less than zero and its
composite performance score is less than 50 percent.
History Note:
Eff. Januar\- 2^
Authority G.S. 1 15C-12(9)c4;
1998.
.0307 ASSISTANCE TEAMS
(a) When performing its duties under G.S. 115C-105.38,
each assistance team appointed by the SBE shall act in an
advisory capacity to local school personnel, local school
boards, and the SBE.
(b) Local boards of education and local school employees
shall cooperate with assistance teams in the performance of
their duties.
(c) Members of the assistance teams shall be subject to all
confidentiality requirements that apply to local school
employees.
(d) In the event of a disagreement between the assistance
team and the school improvement team, the assistance team
may request help from the central office and the local board of
education.
(e) In carrying out its duty to evaluate employees, members
of the assistance team shall:
(1) be familiar with and follow the provisions of G.S.
115C-326:
(2) use the appropriate form of the performance
evaluation for the category of personnel being
evaluated, such as teachers, support personnel, and
administrators:
(3) share its evaluation and recommendations with each
employee and the employee's supervisor; and
(4) notify the SBE of the evaluations for an employee
who receives two consecutive evaluations by the
assistance team that include findings and
recommendations regarding the employee's
inadequate performance.
(f) An assistance team that is assigned by the SBE to a low-
performing school may at any time recommend to the SBE that
a teacher, assistant principal, director, or supervisor be
dismissed or demoted for one or more of the grounds
established in G.S. 115C-325(e)(l). The SBE shall provide
written notice to the employee of the grounds for the
recommendation for dismissal or demotion.
(g) In reviewing evaluations of a local school employee, the
SBE may deem the evaluations of the assistance team to
supersede previous evaluations of the employee.
History Note: Authority G.S. 1 15C-12(9)c4;
Eff. January 2. 1998.
.0308 DUE PROCESS PROTECTIONS
(a) At any hearing conducted by a panel of the SBE pursuant
to the provisions of G.S. 1 15C-325fq)(l) or (q)(2), the panel
shall sit as an impanial tribunal to receive evidence and to
decide on the basis of that evidence whether the principal,
assistant principal, teacher, supervisor, or director, hereafter
referred to as "the employee," shall be dismissed. The
assistance team assigned to the school where the employee was
assigned shall present its case against the employee.
(b) Both the employee and the assistance team shall have the
right:
(1) to be represented by counsel at the hearing;
(2) to subpoena witnesses and documents;
(3) to examine and cross-examine witnesses under oath;
and
(4) to present relevant evidence using witnesses and
documents.
(c) The panel of the SBE which conducts the hearing shall:
(1) give written notice to the parties of the time and
place of the hearing;
(2) make a complete record of the evidence received
during the hearing; and
(3) issue subpoenas for witnesses and documents on
behalf of any party to the proceedings.
(d) Except in the case of a principal who has been suspended
pursuant to the provisions of G.S. 1 15C-1 15C-325(q)( 1 ), the
assistance team shall have the burden of proof at the hearing. A
principal who has been suspended pursuant to the provisions of
G.S. 1 15C-1 15C-325(q)( 1 ) shall have the burden of proof.
(e) Either the employee or the assistance team may within 10
days of notification of the panel's decision give notice of appeal
to the full SBE. The appeal shall be on the record with no
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APPROVED RULES
arguments by counsel except in the form of written briefs of no
more than 25 pages. The SBE shall consider the appeal at its
next regularly-scheduled meeting that is at least 20 days
following receipt of notice of the appeal and shall render a
decision within 30 days unless the SBE determines that good
cause, as defined by 26 NCAC 03 .0118, exists to extend the
period or the parties agree to extend the period. The panel
which sat and decided the case shall not be excluded from the
full SBE hearing. Appeal from the SBE decision shall be in
accordance with G.S. 150B.
(f) If the SBE appoints an interim superintendent, revokes
the superintendent's license, or dismisses the superintendent
pursuant to G.S, 115C-105. 39(c), the superintendent shall not
have the right to a hearing under this Rule but shall have the
right to file a contested case petition pursuant to the provisions
of G.S. 150B. The SBE shall make written findings to support
any of these actions taken pursuant to the provisions of G.S.
115C-105. 39(c).
(g) If the SBE revokes or refuses to renew a teacher's license
pursuant to G.S. 1 15C-296(d), the procedures set forth in 16
NCAC6C .0312 shall apply.
History Note: Authority G.S. 1 15C-12(9)c4.: 115C-325;
Eff. Januar\ 2. 1998.
TITLE 21 - OCCUPATIONAL LICENSING BOARDS
CHAPTER 32 - BOARD OF MEDICAL EXAMINERS
SUBCHAPTER 32H - EMERGENCY MEDICAL
SERVICES ADVANCED LIFE SUPPORT
SECTION .0100 - GENERAL INFORMATION
.0102 DEFINITIONS
The following definitions apply in this Subchapter:
(1) "Audit and review panel" means a committee
composed of representatives of the medical, nursing,
administrative, county government, and prehospital
care service elements of an advanced life support
(ALS) program that has the responsibility for the on-
going monitoring and evaluation of the program.
The chairman of the panel shall be a physician and a
majority of the voting members shall be physicians.
(2) "Medical Crew Member" means a physician,
registered nurse, EMT-paramedic, EMT-
intermediate, EMT-defibrillation technician, or EMT
who holds a current North Carolina license or
certification and who has completed additional
training in altitude physiology, EMS
communications, in-flight emergencies, and aircraft
and flight safety conducted under the direct guidance
of the medical director.
(3) "Emergency medical technician-defibrillation (EMT-
D)" means a person specially educated in a program
approved by the Office of Emergency Medical
Services who has been certified or recertified by the
North Carolina Medical Board as qualified to render
the services enumerated in Rule .0407 of this
Subchapter.
(4) "Emergency medical technician-intermediate (EMT-
D" means a person specially educated in a program
approved by the Office of Emergency Medical
Services who has been certified or recertified by the
North Carolina Medical Board as qualified to render
the services enumerated in Rule .0403 of this
Subchapter.
(5) "Emergency medical technician-paramedic (EMT-P)"
means a person specially educated in a program
approved by the Office of Emergency Medical
Services who has been certified or recertified by the
North Carolina Medical Board as qualified to render
the services enumerated in Rule .0402 of this
Subchapter.
(6) "Advanced Life Support Professional (ALS
Professional)" means a certified emergency medical
dispatcher, emergency medical technician-
defibrillation, emergency medical technician-
intermediate, or emergency medical technician-
paramedic whether working on a paid or volunteer
basis.
(7) "Medical control" means the management and
accountability for the medical care aspects of an ALS
program. It entails physician direction and oversight
of the initial education and continuing education of
the ALS professionals; development and monitoring
of both operational and treatment protocols;
evaluation of the medical care rendered by ALS
professionals; participation in system evaluation; and
directing, by radio or telephone, the medical care
rendered by the ALS professionals.
(8) "Medical director" means the physician responsible
for the medical aspects of the management of an ALS
program.
(9) "Mobile intensive care nurse (MICN)" means a
registered nurse who has been approved or
reapproved by the North Carolina Medical Board to
issue instructions to ALS professionals in accordance
with protocols approved by the sponsor hospital and
under the direction of the medical director.
(10) "Advanced life support program (ALS program)"
means a program of prehospital emergency medical
care whereby definitive medical care is delivered to
a victim of sudden injury or illness by appropriately
educated and certified ALS professionals operating
under the direction of a sponsor hospital. All ALS
programs shall conform to the criteria established in
the rules contained in this Subchapter and shall be
approved by the Office of Emergency Medical
Services.
(11) "Mobile intensive care unit" means any emergency
vehicle staffed by ALS professionals and equipped in
accordance with standards established by the North
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Carolina Medical Care Conunission as found in 10
NCAC 3M .0202. .0203, .0204, and .0207 lo
provide remote intensive care to sick and injured
persons at the scene of a medical emergency and
during transport to a health care facility.
(12) "Oral interview panel" means a committee composed
of physicians, ALS professionals certified at or above
the level of application and may include other
medical personnel such as registered nurses and
mobile intensive care nurses involved in the ALS
program. The responsibility of the oral interview
panel is to interview each applicant for certification,
either collectively or individually, and evaluate the
suitability to perform successfully at the certification
level sought. The panel shall be approved by the
medical director and consist of a minimum of three
members including one physician and one ALS
professional,
(13) "Office of Emergency Medical Services" means an
official agency of the State of North Carolina,
Department of Health and Human Services, that
serves in an administrative capacity to the North
Carolina Medical Board.
(14) "Physician" means an individual licensed by the
North Carolina Medical Board to practice medicine
in the State of North Carolina.
(15) "Sponsor hospital" means a hospital and its medical
staff which participates in an ALS program and has
responsibility for providing or ensuring the provision
of initial education, continuing education, and
medical control to the ALS professionals. The
sponsor hospital shall meet criteria adopted by the
North Carolina Medical Board and be approved by
the Office of Emergency Medical Services.
(16) "Study project" means a proposal involving
exceptions to the provisions of this Subchapter for
the purpose of evaluating the efficiency and
effectiveness of alternate means of providing ALS
services to the citizens of North Carolina.
(17) "Blind insertion airway device" means an airway
adjunct designed to be used as a pharyngotracheal or
esophageal device which is inserted without the use
of direct visualization. For the purposes of these
Rules, this definition does not include esophageal
obturator airways, esophageal gastric tube airways,
or endotracheal tubes.
(18) "Coding" means the selection and assignment of an
alphanumeric classification to a call for medical
assistance by an EMD.
(19) "Emergency Medical Dispatcher (EMD)" means a
trained public safety telecommunicator with
additional training and specific emergency medical
knowledge essential for the efficient management of
emergency medical service communications who has
successfully completed an education and training
program meeting the criteria established by the
Oftlce of Emeraencv Medical Services and who
(20)
(21)
(22)
(23)
(24)
functions as an agent or constituent of an Emergency
Medical Dispatch Program approved by the Office
of Emergency Medical Services.
"Emergency Medical Dispatching" means the
reception and management of requests for emergency
medical assistance.
"Emergency Medical Dispatch Program" means the
approved program with procedures established for
the management and delivery of emergency medical
assistance by a public or private agency that sends
emergency medical assistance to requesting persons
and provides pre-arrival instructions for a victim of
sudden injury or illness.
"Emergency Medical Dispatch Priority Reference
System (EMDPRS)" means a medically approved
written or computer generated reference system used
by an emergency medical dispatching agency to
provide medical direction, and to dispatch aid to
medical emergencies.
"EMD selection" means the process which
establishes criteria to identify a candidate for
education and training as an Emergency Medical
Dispatcher (EMD).
"Pre-arrival instructions" means telephone rendered,
medically approved written instructions read by
emergency medical dispatchers to callers, which help
provide aid to the victim and control the situation
prior to patient access by pre-hospital care providers.
"Public Safety Telecommunicator" means an
individual trained to communicate by electronic
means with persons seeking emergency assistance
and with public or private agencies and individuals
providing such assistance.
"Approved Teaching Institution" means an agency
with a current contract with the Office of Emergency
Medical Services to provide emergency medical
sei"vices educational programs. Approved teaching
institutions must meet the criteria in accordance with
10 NCAC 3D .1201.
"Physician Assistant (PA)" means a physician
assistant who has been licensed by the North
Carolina Medical Board and approved by the Office
of Emergency Medical Services to issue instructions
to ALS professionals in accordance with protocols
approved by the sponsor hospital and under the
direction of the medical director.
"Nurse Practitioner (NP)" means a nurse who is
licensed by the North Carolina Board of Nursing and
approved to perform medical acts by the North
Carolina Medical Board and the North Carolina
Board of Nursing and approved by the Office of
Emergency Medical Services to issue instructions to
ALS professionals in accordance with protocols
approved by the sponsor hospital and under the
direction of the medical director.
Histon Note: AuthoriTx G.S. 143-514;
(25)
(26)
(27)
(28)
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I
Eff. October 31. 1980;
Amended Eff. August L 1998: August 1, 1996: July 1. 1996;
April 1. 1993; May 1. 1989; May 1. 1988.
SECTION .0200 - PROGRAM STANDARDS
AND APPROVAL
.0201 ADVANCED LIFE SUPPORT PROGRAM
CRITERIA
ALS programs shall cover a defined service area and shall
have the following:
(1) a plan, as specified in Rule .0302 of this Subchapter,
for the coordination of the sponsor hospitals
participating in the program;
(2) a designated medical director who shall be
responsible either directly or by delegation to the
other licensed physicians at the sponsor hospital(s)
for the following:
(a) the establishment, approval and periodic
updating of treatment protocols or EMDPRS
for emergency medical dispatch programs;
(b) medical supervision of the selection, initial
education, continuing education and
performance of the ALS professionals, MICN,
physician assistant and nurse practitioner
personnel;
(c) the medical review of the care provided to
patients;
(d) keeping the care provided current with
advanced biomedical science and technology;
and
(e) participation in the overall management of the
ALS program in liaison with nursing,
technical, and administrative staff of the
program. The medical director shall have the
authority to suspend temporarily, pending due
process review, an ALS professional, MICN,
physician assistant or nurse practitioner from
further participation in the ALS program when
it is determined the activities or medical care
rendered by such personnel may be
detrimental to the care of the patient;
(3) an organized and defined system of communications
that provides for:
(a) public access through a central emergency
communications center;
(b) dispatch and coordination of all resources
(manpower, vehicles and equipment) essential
to the effective and efficient management of
requests for emergency medical assistance;
(c) communications linkages for interacting with
other public safety agencies to obtain
additional resources required to support
emergency medical services activities; and
(d) two-way voice communications as specified in
Rule .0303(a)(2)(H) of this Subchapter
between the ALS professionals and the
personnel at the sponsor hospital responsible
for directing the medical treatment rendered
by the ALS professionals;
(4) adequate certified manpower to ensure that the
program will be continuously available on a 24 hour-
a-day basis; and
(5) an audit and review panel that meets at a minimum
on a quarterly basis and whose responsibilities
include at least the following:
(a) reviewing ALS cases to determine the
appropriateness of the medical care rendered
by all personnel involved in the cases;
(b) making recommendations to the medical
director for the continuing education program
for ALS personnel;
(c) reviewing the policies, procedures and
protocols of the ALS program and making
recommendations for improvement; and
(d) making recommendations for consideration by
the sponsor hospital administratively
responsible for the program regarding the
appointment of the medical director.
History Note: Authority G.S. 143-514;
Eff. October 31, 1980;
Amended Eff. August L 1998: August 1, 1996; July 1, 1996;
April 1, 1993; May 7, 1989; May 1, 1988.
SECTION .0400 - EDUCATION AND
PERFORMANCE OF ADVANCED LIFE
SUPPORT PERSONNEL
.0402 EMERGENCY MEDICAL TECHNICIAN-
PARAMEDIC PERFORMANCE
EMT-Ps educated in approved programs, certified by the
North Carolina Medical Board to perform medical acts, and
functioning in an approved ALS program may do any of the
following in accordance with the protocols established by their
sponsor hospital:
( 1 ) While at the scene of a medical emergency where the
capability of continuous two-way voice
communication is maintained with a physician,
approved MICN, physician assistant or nurse
practitioner located in the sponsor hospital, and upon
order of such physician, MICN, physician assistant
or nurse practitioner:
(a) establish an intravenous line in a peripheral
vein;
(b) obtain blood for laboratory analysis;
(c) administer in a fashion via a route approved
by the program medical director any
intravenous fluid or medication specified for
use by EMT-Ps found in the North Carolina
EMS Medication Formulary approved by the
Office of Emergency Medical Services;
(d) perform pulmonary ventilation by means of a
blind insertion airway device or endotracheal
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tube;
(e) perform defibrillation or cardioversion;
(0 perform chest decompression by needle
thoracotomy;
(g) use positive end expiratory pressure
respirators;
(h) perform cricothyrotomy;
(i) perform gastric suction by intubation;
(j) perform urinary catheterization;
(k) perform external cardiac pacing;
(1) establish an intraosseous infusion line in
patients under 6 years of age and use it to
administer any intravenous fluid or medication
specified for use by EMT-Ps found in the
North Carolina EMS Medication Formulary
approved by the Office of Emergency Medical
Services and approved by the program medical
director for intraosseous infusion;
(m) using previously established indwelling semi-
permanent central venous catheters, administer
any intravenous tluid or medication specified
for use by EMT-Ps found in the Nonh
Carolina EMS Medication Formulary
approved by the Office of Emergency Medical
Services;
(n) place and maintain heparin or saline locks; and
(o) perform rapid sequence endotracheal
intubation.
(2) When confronted with serious or life threatening
clinical situations as defined in the patient care
protocols established by the sponsor hospital of the
ALS program and approved by the Office of
Emergency Medical Services, perform as necessary
under standing orders any of the following prior to
contacting the sponsor hospital:
(a) cardiopulmonary resuscitation;
(b) defibrillation, cardioversion, or external
cardiac pacing;
(c) pulmonary ventilation by means of a blind
insertion airway device or endotracheal tube;
(d) establish an intravenous line in a peripheral
vein;
(e) establish an intraosseous infusion line in
patients under 6 years of age and use it to
administer any intravenous fluid or medication
specified for use by EMT-Ps found in the
North Carolina EMS Medication Formulary
approved by the Office of Emergency Medical
Services and approved by the program medical
director for intraosseous infusion;
(f) administer any intravenous fluid or medication
specified for use by EMT-Ps on the North
Carolina EMS Medication Formulary
approved by the Office of Emergency Medical
Services and approved by the medical director
for use under standing orders;
(g) perform chest decompression by needle
thoracotomy;
(h) perform cricothyrotomy; and
(i) perform rapid sequence endotracheal
intubation.
(3) When transfering a patient who is receiving
intravenous therapy begim at the transferring agency,
and where the capability of continuous two-way
voice communication is maintained with a physician,
approved MICN, physician assistant or nurse
practitioner located in the sponsor hospital, or when
meeting the requirements of Rule .1003 of this
Subchapter and upon order of such physician,
MICN, physician assistant or nurse practitioner,
EMT-Ps may maintain intravenous lines for any fluid
or medication specified for use by EMT-Ps during
patient transfers on the Nonh Carolina EMS
Medication Formulary approved by the Office of
Emergency Medical Services and approved by the
program medical director for use in patient transfers.
(4) When providing emergency care to a patient who has
been physically evaluated by a physician, physician
assistant or nurse practitioner and who has critical or
life threatening clinical situations as defined in the
patient care protocols established by the sponsor
hospital of the ALS program, an air ambulance
program meeting the criteria specified in Rule . 1004
of this Subchapter, or a critical care transport
program as defined in 10 NCAC 3D .0807. and
where the capability of continuous two-way voice
communication is maintained with a physician,
MICN, physician assistnant or nurse practitioner
approved by the program medical director, EMT-P's
may:
(a) upon order of said physician, MICN,
physician assistant or nurse practitioner;
(i)
(11)
(iii)
(iv)
(b)
insert a femoral venous line;
obtain arterial blood gas samples via
peripheral artery or pre-existing arterial
line;
maintain invasive monitoring devices to
include central venous pressure lines,
swan ganz catheters, arterial lines,
intra-ventricular catheters, and epidural
catheters; and
administer any fluid or medication
specified for use by EMT-Ps during
critical care transports on the North
Carolina EMS Medication Formulary
approved by the Office of Emergency
Medical Services and approved by the
program medical director for use in
critical care transfers.
perform all the skills of an EMT-P and
administer all medications approved for use by
EMT-P's enumerated in Items (1), (2). and (3)
of this Rule.
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History Note: Authorin G.S. 143-514:
Ejf. October 31. 1980:
Amended Eff. August 1, 1996: April 1. 1993: October 1, 1991;
October 1, 1990; March 1. 1990;
Temporary Amendment Ejf. July 28, 1997;
Amended Eff. August L 1998.
.0403 EMERGENCY MEDICAL TECHNICIAN-
INTERMEDIATE PERFORMANCE
EMT-Is educated in approved programs, certified by the
North Carolina Medical Board to perform medical acts, and
functioning in an approved ALS program may do any of the
following in accordance with the protocols established by their
sponsor hospital:
( 1 ) While at the scene of a medical emergency where the
capability of continuous two-way voice
communication is maintained with a physician,
approved MICN, physician assistant or nurse
practitioner located in the sponsor hospital, and upon
order of such physician, MICN, physician assistant
or nurse practitioner:
(a) establish an intravenous line in a peripheral
vein;
(b) perform pulmonary ventilation by means of a
blind insertion airway device or endotracheal
tube;
(c) obtain blood for laboratory analysis;
(d) administer in a fashion via a route approved
by the medical director any intravenous fluid
or medication specified for use by EMT-Is
found in the North Carolina EMS Medication
Formulary approved by the Office of
Emergency Medical Services; and
(e) place and maintain heparin or saline locks.
(2) When confronted with serious or life threatening
clinical situations as defined in the patient care
protocols established by the sponsor hospital of the
ALS program and approved by the Office of
Emergency Medical Services, perform as necessary
under standing orders any of the following prior to
contacting the sponsor hospital:
(a) cardiopulmonary resuscitation;
(b) defibrillation by means of an automatic or
semi-automatic detlbrillator;
(c) pulmonary ventilation by means of a blind
insertion airway device or endotracheal tube;
(d) establish an intravenous line in a peripheral
vein;
(e) administer any fluid or medication specified
for use by EMT-Is found in the North
Carolina EMS Medication Formulary
approved by the Office of Emergency Medical
Services;
(3) When in the presence of an EMT-P perform any act
listed in this Rule upon direction of the EMT-P as
defined by the patient care protocols of the ALS
program and approved by the Office of Emergency
Medical Services.
(4) When transfering a patient who is receiving
intravenous therapy begun at the transferring agency,
and where the capability of continuous two-way
voice communication is maintained with a physician,
approved MICN, physician assistant or nurse
practitioner located in the sponsor hospital, or when
meeting the requirements of Rule .1003 of this
Subchapter and upon order of such physician,
MICN, physician assistant or nurse practitioner,
EMT-Is may maintain intravenous lines for any fluid
or medication specified for use by EMT-Is during
patient transfers on the North Carolina EMS
Medication Formulary approved by the Office of
Emergency Medical Services and approved by the
program medical director for use in patient transfers.
Histon,' Note: Authority G.S. 143-514;
Eff. October 31, 1980;
Amended Eff. August L 1998: August 1, 1996; April 1, 1993;
October 1, 1990; March 1. 1990; May 1, 1989.
.0404 MOBILE INTENSIVE CARE NURSE
PERFORMANCE
MICNs currently approved by the North Carolina Medical
Board, while functioning under the direction of a physician in
the sponsor hospital of an approved ALS program, may direct
ALS professionals to perform actions as defined in Rules
.0402, .0403 and .0407 of this Subchapter by the sponsor
hospital for that ALS program. All orders issued to ALS
professionals by MICNs shall be countersigned by a physician.
History Note: Authority G.S. 143-514;
Eff. October 31, 1980;
Amended Eff. August L 1998: August 1, 1996; April 1, 1993;
May 1, 1989; May 1, 1988; October 1, 1985.
.0409 PHYSICIAN ASSISTANT OR NURSE
PRACTITIONER PERFORMANCE
Physician assistants and nurse practitioners while functioning
under the direction of a physician in the sponsor hospital of an
approved ALS program, may direct ALS professionals to
perform actions as defined in Rules .0402, .0403 and .0407 of
this Section and approved by the sponsor hospital for that ALS
program. All orders issued to ALS professionals by physician
assistants or nurse practitioners shall be countersigned by a
physician.
History Note: Authority G.S. 143-514;
Eff. August 1, 1996;
Amended Eff August 1. 1998.
SECTION .0500 - CERTIFICATION AND
APPROVAL REQUIREMENTS
FOR ADVANCED LIFE SUPPORT PERSONNEL
.0507 APPROVAL REQUIREMENTS: PHYSICIAN
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ASSISTANT AND NURSE PRACTITIONER
(a) To be approved as a physician assistant or nurse
practitioner functioning under these Rules, a person must meet
the following criteria within one year of the approved
educational program completion date:
(1) be currently approved and licensed as a physician
assistant or nurse practitioner in the State of North
Carolina;
(2) be affiliated on a continuous basis with a sponsor
hospital which is pan of an approved ALS program;
(3) have a minimum of two years emergency or critical
care experience, or a combination of this experience;
(4) present evidence of successful completion of a
physician assistant or nurse practitioner educational
program meeting the requirements of the "North
Carolina Physician Assistant and Nurse Practitioner
EMS Curriculum Outline." If the educational
program was completed over one year prior to
application, a person shall submit evidence of
completion of pertinent continuing education in
emergency medicine taken in the past year and have
the continuing education approved by the Office of
Emergency Medical Services; and
(5) be recommended by the medical director of the ALS
program after determining that the applicant is
adequately familiar with the patient care and
operational protocols of the ALS program.
(b) Approval shall be valid for a period not to exceed four
years at which time the person may be reapproved by
successfully completing an approved physician assistant or
nurse practitioner reapproval program under the direction of the
medical director, meeting the requirements of "Guidelines for
Approval /Reapproval of Physician Assistants and Nurse
Practitioners Functioning In EMS Programs."
(7) "Guidelines for the Selection and Performance of the
Emergency Medical Services Nurse Liaison";
(8) "Guidelines for Development and Operation of
Emergency Medical Dispatch Programs";
(9) "North Carolina Physician Assistant and Nurse
Practitioner Emergency Medical Services Curriculum
Outline";
(10) "Guidelines for Approval/Reapproval of Physician
Assistants and Nurse Practitioners Functioning In
EMS Programs";
(11) "North Carolina EMS Medication Formulary."
History Note: Authority G.S. 143-514;
Eff. October 31, 1980;
Amended Eff. Aug ust 1.1998: August 1. 1996; July 1, 1996;
April 1, 1993: May 1. 1989; May 1. 1988.
,
History Note: Authority G.S. 143-514;
Eff. August 1, 1996;
Amended Eff Aug ust 1. 1998.
SECTION .0800 - FORMS
.0801 INCORPORATION BY REFERENCE
The following documents are required for educational and
evaluation programs and incorporated herein by reference
including subsequent amendments and editions. Copies of
these documents are available free of charge from the Office of
Emergency Medical Services, PO Box 29530, Raleigh, NC
27626-0530:
(1) "Nonh Carolina EMT-P Curriculum Outline";
(2) "Nonh Carolina EMT-1 Curriculum Outline";
"Nonh Carolina EMT-D Curriculum Outline";
"North Carolina MICN Curriculum Outline";
"Guidelines for Continuing Education and
Performance Evaluation of Emergency Medical
Services Advanced Life Support Personnel";
"Guidelines for Approval/Reapproval of Mobile
Intensive Care Nurses";
(3)
(4)
(5)
(6)
I
1661
NORTH CAROLINA REGISTER
March 2, 1998
12:17
RULES REVIEW COMMISSION
1 his Section contains the agenda for the next meeting of the Rules Review Commission on Tluirsday. March 19. 1998.
10:00a.m. . at 1307 Glenwood Ave., Assembly Room. Raleigh. NC. Anyone wishing to submit written comment on any rule
before the Commission should submit those comments to the RRC staff, the agency, and the individual Commissioners by
Monday. March 16. 1998. at 5:00 p.m. Specific instructions and addresses may be obtained from the Rules Review
Commission at 919-733-2721. Anyone wishing to address the Commission should notify the RRC staff and the agency at
least 24 hours prior to the meeting.
RULES REVIEW COMMISSION MEMBERS
Appointed by Senate
Teresa L. Smallwood, Vice Chairman
Jim Funderburke
Veraice B. Howard
Philip O. Redwine
David Twiddy
Appointed by House
Paul Powell, Chairman
Anita White, 2"" Vice Chairman
Mark Garside
Steve Rader
George Robinson
RULES REVIEW COMMISSION MEETING DATES
March 19, 1998
April 15, 1998
May 21, 1998
June 18, 1998
July 16, 1998
August 20, 1998
COMMERCE
RULES REVIEW OBJECTIONS
Community Assistance
4 NCAC 19L .0401 - General
Agency Revised Rule
4 NCAC 19L .0404 - Grant Category Allocation
Agency Revised Rule
4 NCAC 19L .0505 - Selection Criteria
Agency Revised Rule
4 NCAC 19L .0707 - Eligibility Requirements
Agency Revised Rule
4 NCAC 19L .0708- Selection Criteria
Agency Revised Rule
4 NCAC 19L .0911 - Recordkeeping
Agency Revised Rule
4 NCAC I9L .1009- Housing Rehabilitation
Agency Revised Rule
4 NCAC 19L.1011 - Lead-Based Paint
Agency Revised Rule
4 NCAC 19L.1303 - Selection Criteria
Agency Revised Rule
4 NCAC 19L .1703 - Selection Criteria
Agency Revised Rule
4 NCAC 19L.1804- Size of Loan Approvals
Agency Revised Rule
4 NCAC 19L.1805 - Selection Criteria
Agency Revised Rule
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
11/20/97
12/18/97
11/20/97
12/18/97
11/20/97
12/18/97
11/20/97
12/18/97
11/20/97
12/18/97
11/20/97
12/18/97
11/20/97
12/18/97
11/20/97
12/18/97
11/20/97
12/18/97
11/20/97
12/18/97
11/20/97
12/18/97
11/20/97
12/18/97
COMMUNITY COLLEGES
12:17
NORTH CAROLINA REGISTER
March 2, 1998
1662
RULES REVIEW COMMISSION
23 NCAC lA .0001 - Definitions
23 NCAC 2D .0301 - Operating Budget Requests: Distribution of Funds
23 NCAC 2D .0327 - Reporting Student Membership Hours to the Department
E^^VIRO^fMENT, health, and natural resources
RRC Objection
RRC Objection
RRC Objection
01/15/98
01/15/98
01/15/98
Coastal Resources Commission
15A NCAC 7H .1104- General Conditions
Agency Revised Rule
Agency Revised Rule
15A NCAC 7H . 1304 - General Conditions
Agency Revised Rule
Agency Revised Rule
15A NCAC 7H .1404 - General Conditions
Agency Revised Rule
Agency Revised Rule
15A NCAC 7H .1504 - General Conditions
Agency Revised Rule
Agency Revised Rule
15A NCAC 7H .1704 - General Conditions
Agency Revised Rule
Agency Revised Rule
15A NCAC 7H . 1804 - General Conditions
Agency Revised Rule
Agency Revised Rule
15A NCAC 7H .1904 - General Conditions
Agency Revised Rule
Agency Revised Rule
ISA NCAC 7H .2004 - General Conditions
Agency Revised Rule
Agenc\' Revised Rule
15A NCAC 7H .2104 - General Conditions
Agency Revised Rule
Agenc\- Revised Rule
15A NCAC 7M .0303 - Policy Statements
Agency Revised Rule
RRC Objection
RRC Objection
Obj. Removed
RRC Objection
RRC Objection
Obj. Removed
RRC Objection
RRC Objection
Obj. Removed
RRC Objection
RRC Objection
Obj. Removed
RRC Objection
RRC Objection
Obj. Removed
RRC Objection
RRC Objection
Obj. Removed
RRC Objection
RRC Objection
Obj. Removed
RRC Objection
RRC Objection
Obj. Removed
RRC Objection
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
11/20/97
12/18/97
01/15/98
11/20/97
12/18/97
01/15/98
11/20/97
12/18/97
01/15/98
11/20/97
12/18/97
01/15/98
11/20/97
12/18/97
01/15/98
11/20/97
12/18/97
01/15/98
11/20/97
12/18/97
01/15/98
11/20/97
12/18/97
01/15/98
11/20/97
12/18/97
01/15/98
11/20/97
12/18/97
Environmental Management
15A NCAC 2B .0232 - Neuse River Basin-Nut.
15A NCAC 2B .0233 - Neuse River Basin: Nut
15A NCAC 2B .0234 - Neuse River Basin-Nut.
15A NCAC 2B .0235 - Neuse River Basin-Nul.
15A NCAC 2B .0238 - Neuse River Basin-Nut.
15A NCAC 2B .0239 - Neuse River Basin: Nut
15ANCAC2D .1005
15ANCAC2L .0115
Sen. Waters Mgmt. Strategy: Red.
Sen. Waters Mgmt. Strategy: Prot.
Sen. Waters Mgmt. Strategy: Waste Req.
Sen. Waters Mgmt. Strategy: Stormwater
Sen. Waters Mgmt. Strategy: Nitrogen
Sen. Waters Mgmt. Strategy: Mgmt.
Measurement and Enforcement
Risk-Based Assnint/Corr Action/Petro Underground Strge Tanks
No Response from Agenc\'
15A NCAC2N .0707 - Corrective Action Plan
No Response from Agency
RRC Objection
RRC Objection
RRC Objection
RRC Objection
RRC Objection
RRC Objection
RRC Objection
RRC Objection
Obj. Cont'd
RRC Objection
Obj. Cont'd
01/15/98
01/15/98
01/15/98
01/15/98
01/15/98
01/15/98
01/15/98
12/18/97
01/15/98
12/18/97
01/15/98
Health Services
15A NCAC 18A .
15A NCAC 18A .
15A NCAC 18A .
15A NCAC ISA
15A NCAC ISA
ISA NCAC ISA
2301 - Scope of Delegated Authority
2302 - Eligibility for Delegation of Authority
2303 - Delegation of Authority'
2304 - Subsequent Authorizations
2306 - Continuing Education
2308 - Denial: Suspension and Revocation
RRC Objection
RRC Objection
RRC Objection
RRC Objection
RRC Objection
RRC Objection
01/15/98
01/15/98
01/15/98
01/15/98
01/15/98
01/15/98
1663
NORTH CAROLINA REGISTER
March 2, 1998
12:17
RULES REVIEW COMMISSION
15A NCAC 18A .2309 - Re-Authorization RRC Objection
Marine Fisheries
15A NCAC 31 .0117- Fishery Resource Grant Program RRC Objection
Soil and Water Conservation
15A NCAC 6E .0104 - Best Management Practices Eligible for Cost Share Payments RRC Objection
Agencx Responded Obj. Cont 'd
Agency Revised Rule Obj. Removed
15A NCAC 6E .0105 - Cost Share and Incentive Payments RRC Objection
Agency Responded Obj. Cont 'd
Agency Revised Rule Obj. Removed
Water Pollution Controls Systems
15A NCAC 8F .0203 - Duties and Requirements of an Operator in Charge RRC Objection
No Response from Agency Obj. Cont'd
Agency Revised Rule RRC Objection
Agency Revised Rule Obj. Removed
01/15/98
01/15/98
10/16/97
11/20/97
12/18/97
10/16/97
11/20/97
12/18/97
09/18/97
10/16/97
11/20/97
12/18/97
HUMAN RESOURCES
Departmental Rules
10 NCAC IB .0502 - Rate Setting Meth./Facilities/Ser\'e St./cty. Special Assis. Res.
RRC Objection
01/15/98
Facility Services
lONCAC 3D .0915 -
lONCAC 3D .0916-
10 NCAC 3D .0925 -
lONCAC 3D .1202-
lONCAC 3D .1203 -
lONCAC 3D .1301 -
10 NCAC 3D .1302 -
10 NCAC 3D .1401 -
lONCAC 3D .1403 -
lONCAC 3R .3073 -
Agency Revised
lONCAC 3R .3074-
Agency Revised
10 NCAC 3R .3081 -
Agency Revised
Ambulance Lettering: Markings: Symbols and Emblems RRC Objection
General Ambulance Requirements RRC Objection
Infectious Disease RRC Objection
Criteria for Certified EMT Instructor RRC Objection
Educational Programs RRC Objection
Certification Requirements: Ambulance Attendant RRC Objection
Certification Requirements: Emergency Medical Technician RRC Objection
License, Permit /Cert. Denial, Suspension, Amend. /Revocation RRC Objection
Application Procedures. Required Forms RRC Objection
Dem/Proj /Pediatric Nursing Care Need Deter. (Review Cat. G) RRC Objection
Rule Obj. Removed
Home Health Agcy Off. Need Determination (Review Cat. F) RRC Objection
Rule Obj. Removed
Policies for Inpatient Rehabilitation Services RRC Objection
Rule Obj. Removed
01/15/98
01/15/98
01/15/98
01/15/98
01/15/98
01/15/98
01/15/98
01/15/98
01/15/98
11/20/97
12/18/97
11/20/97
12/18/97
11/20/97
12/18/97
PUBLIC INSTRUCTION
16 NCAC 6C .0307 - Certificate Renewal
No Response from Agency
Agency Revised Rule
16 NCAC 6D .0103 - Graduation Requirements
No Response from Agency
Agency Revised Rule
16 NCAC 6D .0301 - Testing Requirements and Opportunities
No Response from Agency
Agency Revised Rule
16 NCAC 6G .0305 - End-of -Course Tests
No Response from Agency
Agency Revised Rule
16 NCAC 6G .0306 - Testing Code of Ethics
No Response from Agency
Agency Revised Rule
RRC Objection
Obj. Cont'd
Obj. Removed
RRC Objection
Obj. Cont'd
Obj. Removed
RRC Objection
Obj. Cont'd
Obj. Removed
RRC Objection
Obj. Cont'd
Obj. Removed
RRC Objection
Obj. Cont'd
Obj. Removed
10/16/97
11/20/97
12/18/97
10/16/97
11/20/97
12/18/97
10/16/97
11/20/97
12/18/97
10/16/97
11/20/97
12/18/97
10/16/97
11/20/97
12/18/97
12:17
NORTH CAROLINA REGISTER
March 2, 1998
1664
RULES REVIEW COMMISSION
16 NCAC 6G .0307 - Assistance Teams
No Response from Agency
Agency Revised Rule
16 NCAC 6G .0308 - Due Process Protections
No Response from Agency
Agency Revised Ride
RRC Objection
Obj. Cont'd
Obj. Removed
RRC Objection
Obj. Cont'd
Obj. Removed
10/16/97
11/20/97
12/18/97
10/16/97
11/20/97
12/18/97
SPEECH AND LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
21 NCAC 64 .1002 - General Requirements
No Response from Agency
Agency Revised Rule
21 NCAC 64 .1004 - Authorized Tasks of Speech-Language Pathology Assistants
No Response from Agency
Agency Revised Rule
RRC Objection
Obj. Cont'd
Obj. Removed
RRC Objection
Obj. Cont'd
Obj. Removed
11/20/97
12/18/97
01/15/98
11/20/97
12/18/97
01/15/98
1665
NORTH CAROLINA REGISTER
March 2, 1998
12:17
CONTESTED CASE DECISIONS
1 his Section contains the full text of some of the more significant Administrative Law Judge decisions along with an index
to all recent contested cases decisions which are filed under North Carolina's Administrative Procedure Act. Copies of
the decisions listed in the index and not published are available upon request for a minimal charge by contacting the Office
of Administrative Hearings, (919) 733-2698.
OFFICE OF ADMINISTRATIVE HEARINGS
Chief Administrative Law Judge
JULIAN MANN, III
Senior Administrative Law Judge
FRED G. MORRISON JR.
ADMIN ISTRA TIVE LA W JUDGES
Brenda B. Becton
Sammie Chess Jr.
Beecher R. Gray
Meg Scott Phipps
Robert Roosevelt Reilly Jr.
Dolores O. Smith
AGENCY
ADMINISTRATION
E Edward Gambill v Deparimenl of Administraiion
Triangle CAD Solutions, Inc v. Div, Purchase and Coniract. EHNR
Henry Bryon Brewer v. NC Commission of Indian Affairs
ALCOHOLIC BEVERAGE CONTROL CONEVDSSION
.Michael's Mini Mart v. Alcoholic Beverage Control Commission
Everette Craig Hornbuckle v. Alcoholic Beverage Control Commission
Salch Ahmed All Futhah v. Alcoholic Beverage Control Commission
Carolyn T Ray v Alcoholic Beverage Control Commission
Alcoholic Beverage Control Commission v. Fast Fare, Inc.
Alcoholic Beverage Control Commission v Mendoza Enterprises, Inc.
Paul Tyler IV Enterprises. Inc , Alpha Vinson T/A Mirrors (Sid's
Showgirls) V. Alcoholic Beverage Control Commission
and
City of Goldsboro
and
Gurnan Khera
George Robert Scott v. Alcoholic Beverage Control Commission
Nasar Sader v. Alcoholic Beverage Control Commission
Alcoholic Beverage Control Commission v Paradise Landing. Inc.
OFFISS. Inc. V. Alcoholic Beverage Control Commission
Alcoholic Beverage Control Commission v. Fast Fare, Inc. No. 575
Alcoholic Beverage Control Commission v. Altaf Hussain
Alcoholic Beverage Control Commission v, Robert Johnson
Alcoholic Beverage Control Commission v. Masonboro County Store. Inc,
Daniel Gary Ledbetter v. Alcoholic Beverage Control Commission
Alcoholic Beverage Control Comm. v, Raymond Lee
Alcoholic Beverage Control Comm. v. Percy Daniel Bowen
Alcoholic Beverage Control Commission v. Bridgeite Dee Williams
Alcoholic Beverage Control Commission v. Westside Tavern, Inc.
Alcoholic Beverage Control Commission v. Grove Park Inn Resort. Inc
Bradford Allan Capps &. Garland Lewis Williams v. Ale, Bev. Ctl. Comm.
Sunset Enterprises. Inc. v Alcoholic Beverage Control Commission
Alcoholic Beverage Control Commission v. 6 Twelve Corporation
Alcoholic Beverage Control Commission v. Kimberly Loette Hankins
Alcoholic Bev, Ctl Comm v. Monterrey Mex, Rest, of Greensboro. Inc
Alcoholic Beverage Control Commission v James Martini
Mom.hammed H. Darwish & Hazeem M Eldara v. Alcoholic Bev Ctl Comm
CASE
DATE OK
PUBLISHED DECISION
NMVIBER
ALJ
DECISION
REGISTER CITATION
97 DOA 0364
Reilly
09/10/97
97 DOA 0670
Reilly
12/19/97
97 DOA 0959
Gray
12/17/97
92 ABC 1601
Gray
08/18/97
93 ABC 0987
Gray
08/18/97
94 ABC 0264
Gray
08/18/97
95 ABC 0429
Gray
09/23,'97
96 ABC 0483
Morrison
06/18/97
96 ABC 1196
Gray
08/26/97
96 ABC 1804
Morrison
09/29/97
96 ABC 1995
Reilly
12/05/97
97 ABC 0030
Phipps
10/08/97
97 ABC 0031
Gray
06/13/97
97 ABC 01 18
Gray
09/17/97
97 ABC 0197
Morrison
01/15/98
97 ABC 0312
Mann
07/29/97
97 ABC 0321
Gray
08/25/97
97 ABC 0432
Reilly
09/09/97
97 ABC 0443
Gray
07/08/97
97 ABC 0488
Smith
10/30/97
97 ABC 0495
Morrison
09/24/97
97 ABC 0576
Phipps
09/04/97
97 ABC 0586
Phipps
09/17/97
97 ABC 0706
Morrison
09/15/97
2 07 NCR 609
97 ABC 0820
Reilly
02/05/98
97 ABC 0846
Gray
12/10/97
97 ABC 0895
Reilly
12/16/97
97 ABC 0897
Gray
10/06/97
97 ABC 0965
Morrison
01/15/98
97 ABC 1036
Gray
12/31/97
97 ABC 1429
Smith
12/31/97
12:17
NORTH CAROLINA REGISTER
March 2, 1998
1666
CONTESTED CASE DECISIONS
AGENCY
CORRECTION
David M. Boone v, Correciion, Div. of Prison Admin Remedy Procedure
CRIME CONTROL ANT) PCBl.IC SAFETY
Delia Sherrod v Crime Victims Compensaiion Commission
Stanley D Carter. Sr v. Victims Compensation Commission
Mary A. Kearney v CPS, Victims Compensation Commission
Mae Allen Murray v Crime Victims Compensation Commission
Beverly McLaughlin v. Crime Victims Compensation Commission
Malcolm W Fields v Crime Victims Compensation Commission
Rodney P Hodge v. Crime Victims Compensation Commission
Billy Steen v Crime Victims Compensation Commission
Clifford R Pulley v. Crime Victims Compensation Commission
Curtis Jermaine Newkirk v. Crime Victims Compensation Commission
Huston Christopher Mason v. Victims Compensation Commission
Percival R Johnson. .AKA Reeves Johnson v. Crime Victims Comp Comm
Gregory Bynum v. Crime Victims Compensation Commission
Michaela Dionne Brewington v. Crime Victims Compensaiion Commission
Lisa S. Snead v. Crime Victims Compensation Commission
Robert L. W'elty. n v. Crime Victims Compensation Commission
Robert T. Blakeney v. Office of .Administrative Hearings
Connie Cowan v. Crime Victims Compensation Commission
Linda Atkinson v. Crime Victims Compensation Commission
ECONO\nC .AND CO.MML"NTTY DE\'ELOP.MZNT
Leon McNair \'. NC Industrial Commission
EN-VTRONTVIENT. HE.ALTH, .A.NT) NATL"R.AL RESOLTiCES
Herbert C. Avery v. Environment. Health, and Natural Resources
Linda Collie v. Lenoir County Health Department
Leroy Anderson v. County of Moore Department of Health
E-H. Garner v. Nev^' Hanover Health Department
Peter D McDowell. Sr, v. New Hanover Health Department
Dowell Gray v Department of Environment and Natural Resources
and
Onslow County Department of Health
Riggings Homeowners Assoc. Inc. v. Environment. Health. & Natural Res.
John Ronald Taylor v Environment. Health. & Natural Resources
Rick Parker v, Pitt County Health Dept Mr. Ernie Nichols
James R Melvin v. Environment and Natural Resources
Lee A. Riggs v Craven County Health Department
Tommy .Anthony Swangin v Dept. of Environment & Natural Resources
Robert E Cahoon v. Carteret County Health Department
John Martin v Environment. Health, and Natural Resources
John Martin v Environment. Health, and Natural Resources
Jack R. ViTiitmore v. Dept. of Environment & Natural Resources
Rachel S. Tugwell v. Environment. Health and Natural Resources
Joanne B. Huff v. Dept- of Environment and Natural Resources
NC Waste .Awareness & Reduction Network. Inc. v EHNR
and
Carolina Solite Corporation and Oldover Corporation
Alphasine Cheryl Barfield v. EHNR. Div, Environmental Health
Gilbert T Davis. Jr. v. Forsyth County Environmental .Affairs Dept.
Selby Franklin Brown v. Wayne County Environmental Health
Coastal Management
Glenn Sasser \ Division of Coastal Management
Environmental Management
Craig King Farms v EHNR. Environmental Management Commission
Henry G Dail. Dail Brothers v. EHNR. Environmental .Management
Land Resources
James H, Lowdermilk & J. Wayne Lowdermilk v. EHNR. Land Res.
Charles G. Smith v. EHNR. Division of Land Resources
Henry Yancey Ingram. U &. Hope Fanning Ingram v. EHNR. Land Res.
Thomas Windell Foster. Minnie Foster Tate. Carolyn D. Hughes. Joseph
& Lorrie Voliva v, EHNR. Division of Land Resources
Thomas Windell Foster. Minnie Foster Tate. Carolyn D. Hughes. Joseph
& Lome Voliva v. EHNR. Division of Land Resources
Thomas Windell Foster. Minnie Foster Tate. Carolyn D. Hughes. Joseph
&. Lorrie Voliva v. EHNR. Division of Land Resources
Thomas Windell Foster. Minnie Foster Tate. Carolyn D. Hughes. Joseph
&. Lorrie \'oliv3 v EHNR. Division of Land Resources
C.\SE
NT-MBER
AU
97 DOC 0534
Morrison
96 CPS 0300
Chess
96 CPS 1887
Chess
96 CPS 2033
Becton
96 CPS 2110
Chess
97 CPS 0170
Phipps
97 CPS 0360
Chess
97 CPS 0449
Reilly
97 CPS 0472
Morrison
97 CPS 0523
Gray
97 CPS 0645
Morrison
97 CPS 0691
Becton
97 CPS 0779
Gray
97 CPS 0901
Reillv
97 CPS 0992
Mann
97 CPS 1025
Reilly
97 CPS 1073
Gray
97 CPS 1187
Becton
97 CPS 1214
Becton
97 CPS 1389
Becton
97 COM 1549
Gray
96EHR0161
Chess
96 EHR 0264
Becton
96 EHR 1969
Morrison
96 EHR 1972
Grav
96 EHR 2075
Gray
97 EHR 0195*-'
Gray
97 EHR 0263
Reilly
97 EHR 0275
Reillv
97 EHR 0470
Phipps
97 EHR 0682
Phipps
97 EHR 0851
Becton
97 EHR 0875
Smith
97 EHR 0878
Becton
97 EHR 0993''-
Phipps
97 EHR U994»"
Phipps
97 EHR 1039
.Mann
97 EHR 1086
Becion
97 EHR 1149
Reilly
97 EHR 1189
Becton
97 EHR 1221
Morrison
97 EHR 1281
Smith
97 EHR 1534
Smith
97 EHR 0763
Gray
96 EHR 0609
Grav
96 EHR 2104
Gray
96 EHR 0745
Grav
96 EHR 0855
Grav
96 EHR 0908
Grav
97 EHR 1002*'-'
Mann
97 EHR 1003*-"^
Mann
97 EHR 1043*--'
Mann
97 EHR 1057-'"
Mann
D.ATE OF
DECISION
06/16/97
07/18/97
01/26/98
09/26/97
10/31/97
08/29/97
09/12/97
07/01/97
07/23/97
08/06/97
10/03/97
12/04/97
02/06/98
10/16/97
12/23/97
11/10/97
01/20/98
11/07/97
12/03/97
12/31/97
01/09/98
09.'23;97
07/16/97
07'15/97
08/07/97
08'07 97
12/01/97
08/13/97
06/09-97
07/01/97
09/23/97
10/02/97
12/15/97
09/30/97
10/13.'97
10/13/97
12/17/97
12/03/97
12/30/97
02/1 6.98
01/28/98
11/10/97
01/21/98
12,31.97
01/14,'9g
08/27/97
10/30/97
10 '30- 97
10/30 97
02/05/98
02 05 98
02/05'98
02/05/98
PI BLl.SHED DECISION
REGISTER CITATION
12:03 NCR 223
12:13 NCR 1222
1667
NORTH CAROLINA REGISTER
March 2, 1998
12:17
CONTESTED CASE DECISIONS
AGENCY
CASE
NUMBER
ALJ
DATE OF
DECISION
PUBLISHED DECISION
REGISTER CITATION
Marine Fisheries
William B Tate v. Division of Marine Fisheries
John A Trahan v EHNR. Division of Marine Fisheries
Hassell B Lawrence. Sr . Gordon Lawrence, Bobby G Gillikin. Norman
W. Gillikin. Oliver C. Lawrence. Hiram Gillikin. Louis Gray Thomas.
Jr., Faye Thomas. Mark Allen Gillikin. Millie Lawrence. June Manin
Hassell B Lawrence. Sr . Gordon Lawrence. Bobby G Gillikin. Norman
W. Gillikin. Oliver C. Lawrence. Hiram Gillikin. Louis Gray Thomas.
Jr.. Faye Thomas. Mark Allen Gillikin. Millie Lawrence. June Martin
Hassell B, Lawrence.. Sr. Gordon Lawrence. Bobby G, Gillikin. Norman
W, Gillikin. Oliver C. Lawrence. Hiram Gillikin. Louis Gray Thomas.
Jr.. Faye Thomas. Mark Allen Gillikin, Millie Lawrence. June Martin
Hassell B Lawrence. Sr.. Gordon Lawrence. Bobby G. GiUikin. Norman
W. Gillikin. Oliver C Lawrence, Hiram Gillikin. Louis Gray Thomas.
Jr., Faye Thomas. Mark Allen Gillikin, Millie Lawrence, June Martin
Hassell B Lawrence, Sr,. Gordon Lawrence. Bobby G Gillikin. Norman
W. Gillikin. Oliver C. Lawrence. Hiram Gillikin. Louis Gray Thomas.
Jr., Faye Thomas. Mark Allen Gillikin. Millie Lawrence. June Martin
Hassell B, Lawrence. Sr.. Gordon Lawrence, Bobby G Gillikin. Norman
W. Gillikin. Oliver C. Lawrence. Hiram Gillikin. Louis Gray Thomas.
Jr.. Faye Thomas. Mark Allen Gillikin. Millie Lawrence. June Martin
Hassell B Lawrence. Sr., Gordon Lawrence. Bobby G. Gillikin. Norman
W. Gillikin, Oliver C. Lawrence. Hiram Gillikin. Louis Gray Thomas.
Jr.. Faye Thomas. Mark .Allen Gillikin, Millie Lawrence. June Martin
Hassell B. Lawrence. Sr.. Gordon Lawrence. Bobby G. Gillikin. Norman
W. Gillikin. Oliver C. Lawrence. Hiram Gillikin. Louis Gray Thomas.
Jr., Faye Thomas, Mark Allen Gillikin, Millie Lawrence. June Martin
Hassell B. Lawrence. Sr.. Gordon Lawrence. Bobby G Gillikin. Norman
W. Gillikin. Oliver C. Lawrence. Hiram Gillikin. Louis Gray Thomas.
Jr., Faye Thomas. Mark Allen Gillikin. Millie Lawrence. June Martin
James Fletcher v. EHNR. Division of Marine Fisheries
Hassell B Lawrence. Sr . Gordon Lawrence. Bobby G. Gillikin. Norman
W. Gillikin, Oliver C. Lawrence. Hiram Gillikin. Louis Gray Thomas.
Jr.. Faye Thomas. Mark Allen Gillikin, Millie Lawrence. June Martin
Hassell B Lawrence. Sr.. Gordon Lawrence. Bobby G, Gillikin. Norman
W, Gillikin. Oliver C. Lawrence, Hiram Gillikin. Louis Gray Thomas.
Jr.. Faye Thomas, Mark Allen Gillikin, Millie Lawrence, June Martin
96EHR192: Becton
97 EHR 0400 Chess
97EHR0917*'" Morrison
97 EHR 0927*" Morrison
97 EHR 0928*'" Morrison
97 EHR 0929*"' Morrison
97 EHR 0935*" Morrison
97 EHR 0936**' Morrison
97 EHR 0961*™ Morrison
97EHR0962*'" Morrison
97 EHR 0979*" Morrison
97 EHR 0985 Chess
97 EHR 1038*" Morrison
97 EHR 1052*-" Morrison
l2,'16/97
10/30/97
12/30/97
12/30/97
12/30/97
12/30/97
12/30/97
12/30/97
12/30/97
12/30/97
12/30/97
OL'28/98
12/30/97
12/30/97
Maternal and Child Health
Evan's Mini Mart v. EHNR. Maternal & Child Health. Nutrition Svcs Sec.
Solid Waste Management
Loie J. Priddy v Division of Solid Waste Management, EHNR
Dewey V, Hudson v. EHNR, Division of Waste Management
Water Quality
Castle Hayne Steering Committee v, EHNR, Division of Water Quality
and
New Hanover County Water and Sewer District
RAYCO Utilities, Inc..
RAYCO Utilities, Inc.,
RAYCO Utilities. Inc..
and
RAYCO Utilities. Inc.
RAYCO Utilities. Inc.
and
RAYCO Utilities, Inc
Briarwood WWTP v EHNR, Div of Water Quality 97 EHR 0018
Greystone Forrest WWTP v. EHNR. Water Quality 97 EHR 0412
MelbiUe Heights MHP
Penman Heights MHP v.
Melbille Heights MHP
EHNR. Water Quality
97 EHR 0599
Phipps
07/14/97
96 EHR 1838
Morrison
06/20/97
98 EHR 0083
Smith
02/05/98
96 EHR 1731
Mann
06/30/97
97 EHR 0018
Chess
09/12/97
97 EHR 0412
Smith
10/29/97
97 EHR 0643*"
Smith
10/29/97
97 EHR 0644*"
Smith
10/29/97
Penman Heights MHP v. EHNR. Water Quality
HUMAN RESOURCES
Sampson Health Care Facilities Inc. v, Dept, of Health & Human Services
John & Veronica Spearman v. Department of Human Resources
New Beginnings Christian Academy v Department of Human Resources
Cindy G. Geho v Office of Administrative Hearings. R. Marcus Lodge
Helen Wyman v. Department of Human Resources
DeRothea G. Williams d/b/a Dee Williams & Company, a proprietorship v.
Buncombe County Partnership for Children. Inc.. a NC Nonprofit Corp.;
NC Department of Human Resources [Division of Child Development]:
NC Department of Environment. Health, and Natural Resources [Division
of Maternal and Child Health]
Lorraine M. Monroe v Department of Human Resources
Ruby Woodward v Department of Human Resources
Linda Rouse Sharp v Department of Human Resources
William &. Deborah Gilbert v. Department of Human Resources
Ocelee Gibson v. Department of Human Resources
96 DHR 0535
Reilly
11/06/97
96 DHR 1543
Chess
09/12/97
95 DHR 1925
Reilly
08/22/97
97 DHR 0286
Chess
07/23/97
97 DHR 0407
Reilly
08/08/97
97 DHR 0424
Morrison
09/22/97
97 DHR 0540
Gray
97 DHR 0552
Chess
97 DHR 0610
Mann
97 DHR 0616
Chess
97 DHR 0658
Reilly
10/30/97
02/02/98
08/28/97
01/29/98
07/22/97
12:02 NCR 103
12:17 NCR 1682
12:17
NORTH CAROLINA REGISTER
March 2, 1998
1668
CONTESTED CASE DECISIONS
AGENCY
Larry Paiton v. Depanmeni of Human Resources
Rita Fairclolh v. Department of Human Resources
Valerie Bullock v Depanmeni of Human Resources
HILCO V Forsyth County Environmental Affairs Department
Division of Child Development
Raleigh Child Care. Inc v DHR. Div. /Child Dev,. Child Day Care Comm
New Hanover Ciy, Comm Action v DHR, Division of Child Development
Cindy G. Geho v Human Resources. Division of Child Development
Kathleen G McBride v. Division of Child Development
Division of Facility Services
Ava McKinney v DHR. Division of Facility Services
Mercy Egbuleonu v DHR, Facility Svcs. Health Care Personnel Reg- Sec
Mercy Egbuleonu v Human Resources, Division of Facility Services
Kizzie Cooper v DHR, Facility Svcs, Health Care Personnel Registry Sec.
Maggie J. Barnhill v DHR, Facility Svcs, Health Care Pers Reg. Sec.
Emma Faison v DHR. Division of Facility Services
Eugene Donald Caldwell v DHR. Division of Facility Services
Patricia .Addison v DHR. Facility Svcs. Health Care Personnel Reg. Sec.
Selena Louise Holley v DHR. Facility Svcs. Health Care PersI, Reg, Sec,
Shirley Ebron v DHR. Facility Svcs. Health Care Pers Reg Sec,
Carolyn Forbes v DHR. Division of Facility Services
Sally Hutchins v DHR. Division of Facility Services
Claudia K Thomerson v DHR. Facility Svcs. Health Care Pers, Reg. Sec.
Janice Ann McClinton v DHR. Facility Svcs. Health Care Pers Reg Sec.
Michelle R Griffin v DHR, Facility Svcs, Health Care Pers Reg. Sec
Deborah L McBurnie v DHR. Facility Svcs. Health Care Pers. Reg. Sec.
Kelly M Poole v. DHR. Facility Svcs. Health Care Pers Reg. Sec.
Debbie Williams v DHR. Fac Svcs,. Health Care Pers, Reg, Sec,
Therese Victoria Wilson v, DHR. Fac. Svcs. Health Care Pers Reg. Sec
Notisha Utiey v, DHR, Fac Svcs, Health Care Pers, Reg, Sec.
Helen T. Shokoti v Human Resources. Division of Facility Services
Jeri L. Anderson v. Human Resources, Division of Facility Services
Susie A Milsap v, DHR. Facility Svcs, Health Care Pers, Reg. Sec,
Glenda Christine Taylor v. DHR, Facility Svcs. Health Care Pers. Reg. Sec
Maple Heights Rest Home. Inc. v. DHR. Division of Facility Services
Lisa Bullard v, DHR, Facility Svcs, Health Care Pers, Reg, Sec.
Angela D. Johnson v DHR. Facility Svcs, Health Care Pers. Reg, Sec.
Mary Ann Allen v DHR, Division of Facility Services
CressieD. Mears v DHR. Division of Facility Services
Marie Emma Wimbush v DHR. Facility Svcs. Health Care Pers. Reg Sec.
Maria Faye Baker v, DHR. Division of Facility Services
Himmeler Desvarieu.x v DHR. Fac. Svcs, Health Care Pers, Reg, Sec,
Tamara Green v DHR. Fac, Svcs. Health Care Pers Reg Sec.
Lachelle Tonya Braswell v, DHR. Division of Facility Services
Toni Washington v DHR. Division of Facility Services
Lynn E, Thorpe v. DHR. Division of Facility Services
Sally Hutchins v DHR. Division of Facility Services
Carolyn Forbes v, DHR. Division of Facility Services
Debra Burleson v DHR. Division of Facility Services
Jean Rossman v DHR. Facility Svcs. Health Care Pers Reg Sec
Michelle McMahan v DHR. Division of Facility Services
Brenda Faye Harris v DHR. Facility Svcs. Health Care Pers Reg. Sec,
Michelle McMahan v DHR. Division of Facility Services
Lorena Barbour v DHR. Facility Svcs. Health Care Pers Reg, Sec,
Angela Mae Whited v DHR. Division of Facility Services
Viiina Cockrane v DHR. Facility Svcs. Health Care Pers, Reg. Sec,
Mary Susan McLean v DHR. Fac, Svcs. Health Care Pers, Reg, Sec
Brenda Harper v DHR. Division of Facility Services
Dons J Daniels v DHR, Fac, Svcs, Health Care Pers Reg Sec,
Robin Leigh Robinson v DHR, Facility Svcs, Health Care Pers, Reg, Sec
Genoal Blalock v, DHR, Division of Facility Services
Charlotte Williams v DHR, Facility Svcs. Health Care Pers. Reg Sec.
Stephanie L. McKnight v. DHR. Division of Facility Services
Angela Lynn Barbour v, DHR. Facility Svcs. Health Care Pers. Reg. Sec.
Cenificare of Need Section
Carolina Imaging. Inc/Fayetteville v DHR. Facility Svcs. Cert/Need Sec. 96 DHR 1570 Phipp
and
Cumberland Ciy Hospital System. Inc . d/b/a Cape Fear Valley Med Ctr.
CASE
DATE OF
PUBLISHED DECISION
NUMBER
ALJ
DECISION
REGISI ER CITATION
97 DHR 0829
Phipps
10/17/97
97 DHR 0900
Reilly
08/15/97
97 DHR 1255
Mann
02/04/98
97 DHR 1454
Gray
12/19/97
97 DHR 0854
Reilly
02/12/98
97 DHR 0921
Phipps
09/10/97
97 DHR 0966
Phipps
08/29/97
97 DHR 1604
Becton
02/12/98
96 DHR 2061
Chess
07/08/97
97 DHR 0172
Becton
07/16/97
97 DHR 0450
Gray
09/02/97
97 DHR 0459
Phipps
06/09/97
97 DHR 0465
Gray
07/30/97
97 DHR 0471
Gray
07/15/97
97 DHR 0480
Gray
10/10/97
97 DHR 0521
Mann
07/25/97
97 DHR 0524
Phipps
08/28/97
97 DHR 0528
Gray
10/02/97
97 DHR 0532*"
Phipps
12/18/97
97DHR0547»''
Phipps
12/18/97
97 DHR 0551
Chess
07/15/97
97 DHR 0558
Creech
10/17/97
97 DHR 0559
Gray
07/30/97
97 DHR 0608
Chess
09/02/97
97 DHR 0629
Chess
09/02/97
97 DHR 0630
Gray
10/01/97
97 DHR 0632
Phipps
08/25/97
97 DHR 0646
Phipps
09/26/97
97 DHR 0653
Chess
08/20/97
97 DHR 0659
Gray
08/19/97
97 DHR 0667
Phipps
08/25/97
97 DHR 0681
Gray
08/29/97
97 DHR 0717
Reilly
10/16/97
97 DHR 0721
Chess
10/09/97
97 DHR 0723
Chess
08/06/97
97 DHR 0739
Chess
01/13/98
97 DHR 0793
Chess
08/21/97
97 DHR 0797
Phipps
08/25/97
97 DHR 0805
Phipps
01/23/98
97 DHR 08 18
Gray
10/24/97
97 DHR 0824
Becton
09/29/97
97 DHR 0826
Morrison
12/17/97
97 DHR 0847
Phipps
12/10/97
97 DHR 0865
Chess
01/13/98
97 DHR 0871*"
Phipps
12/18/97
97 DHR 0899*"
Phipps
12/18/97
97 DHR 0904
Phipps
12/11/97
97 DHR 0908
Smith
09/02/97
97 DHR 0915*-'
Mann
11/13/97
97 DHR 0938
Morrison
10/03/97
97 DHR 0960*-'
Mann
11/13.'97
97 DHR 0999
Phipps
09/11/97
97 DHR 1029
Becton
12/10/97
97 DHR 1066
Chess
10/15/97
97 DHR 1091
Morrison
10/21/97
97 DHR 1118
Gray
02/02/98
97 DHR 1126
Gray
10/27/97
97 DHR 1169
Phipps
10/31/97
97 DHR 1193
Gray
02/12/98
97 DHR 1274
Mann
02,/05/98
97 DHR 1309
Becton
01/23/98
97 DHR 1458
Phipps
01/07/98
96 DHR 1570
Phipps
06/24/97
12:02 NCR 95
Group Licensure Section
Jeffreys Family Care #2 v DHR. Facility Svcs, Group Licensure Section 97 DHR 0259 Mann
06/17/97
1669
NORTH CAROLINA REGISTER
March 2, 1998
12:17
CONTESTED CASE DECISIONS
AGENCY
Division of Medical Assistance
Dilladys Renee Stover v DHR. Division of Medical Assistance
Bettye Parson/Tambra Parson v, DHR. Div. of Medical Assistance
Rohert D. & Ronda M. Staton v. DHR. Div, of Medical Assistance
CASE
DATE OF
NUMBER
AU
DECISION
97 DHR 0560
Mann
09/16/97
97 DHR 0656
Becton
08/12/97
97 DHR 0660
Smith
09/05/97
PLFBLISHED DECISION
REGISTER CITATION
Division of Social Senices
Child Support Enforcement Section
Dale P. Sprinkle v Guilford Child Support Agency. Human Resources
Steven Van Linker v Department of Human Resources
Michael R Bryant v Department of Human Resources
David Lee Chamblee Jr v. Department of Human Resources
John W Scott V Department of Human Resources
Michael T Swann v. Department of Human Resources
Wayne Degree v. Department of Human Resources
Ted Wayne Lamb v Department of Human Resources
Jeffrey Grainger v Department of Human Resources
Tollie Woods v. Department of Human Resources
Fred Edv^ard Stafford v Department of Human Resources
Joseph R. Grooms Jr. v Department of Human Resources
David N. Jarrett v. Department of Human Resources
Warren S. Olson v. Department of Human Resources
Stanley A. Watson v Department of Human Resources
Michael A. Isom v Department of Human Resources
Rafael L. Garcia v. Department of Human Resources
Justin M Woazeah. Sr. v. Department of Human Resources
Johnny R, Holden v Department of Human Resources
Calvin F. Mizelle v Department of Human Resources
Tommy Lee Clark v. Department of Human Resources
Ander L. Garfield v Department of Human Resources
Clarence O Rains v Department of Human Resources
Jeremy Baker v. Department of Human Resources
William T Harris v Department of Human Resources
Hal C Morgan. Jr v. Department of Human Resources
Paul S Clomnger v Department of Human Resources
Edward Stuteville v. Department of Human Resources
Tony Peterson. Jr. v Department of Human Resources
Lee G. Sanders Jr v Department of Human Resources
David Fraizer v Department of Human Resources
David Frai/er v. Department of Human Resources
David Hobson v. Department of Human Resources
Paul Douglas Crone v Department of Human Resources
Christopher A. Abney v Department of Human Resources
Jeffrey L Schrader v Department of Human Resources
John T, Spidell v. Department of Human Resources
Robert M Starling. Sr. v. Department of Human Resources
Judson T. Whilehurst v. Department of Human Resources
Mari L. Ross v. Department of Human Resources
Craig Vcnson v. Department of Human Resources
David Scott Jordan v. Department of Human Resources
Lee R. Jones v. Department of Human Resources
Rocky R. Chaudhry v Department of Human Resources
Cecil Hall v. Department of Human Resources
Lorenzo Shaw v Department of Human Resources
Harold Ray Armstrong Jr. v. Deparlmcnl of Human Resources
Neil G. McGilberry v Department of Human Resources
Ronald Gray v. Department of Human Resources
Gregory 3. Wolbert v Department of Human Resources
William E- Daley Jr. v Wake County Child Support Enforcement
Dennis Larson v. Department of Human Resources
Eric L, Harrington v Department of Human Resources
Paul F, Gangemi. Sr v. Department of Human Resources
Scott M. Rodriguez v. Department of Human Resources
James Withers v. Department of Human Resources
Evalina R Oxendine v Department of Human Resources
Phillip R Banner v Department of Human Resources
Brian K. Norfleet v Craven County Child Support Office
Kenneth A Sayle v Department of Human Resources
Richard H, Reist v Department of Human Resources
Lawrence Arthur Beebe v Department of Human Resources
96CRA 1171
Gray
08/13/97
96 CRA 1250*'
Becton
07/11/97
96CRA 1252
Phipps
08/11/97
96 CRA 1281
Morrison
06/16/97
96 CRA 1287
Becton
10/09/97
96 CRA 1326
Chess
06/04/97
96 CRA 1357
Phipps
02/13/98
96 CRA 1359
Gray
07/10/97
96 CRA 1376
Reilly
08/14/97
96 CRA 1348*"
Morrison
08/04/97
96 CRA 1407*'"
Reilly
08/21/97
96 CRA 1434
Phipps
11/18/97
96 CRA 1438
Morrison
07/10/97
96 CRA 1440
Phipps
09/09/97
96 CRA 1448»'''
Reilly
08/21/97
96 CRA 1450
Becton
07/11/97
96 CRA 1451
Becton
09/11/97
96 CRA 1452*'
Chess
07/22/97
96 CRA 1463
Mann
10/16/97
96 CRA 1476
Chess
07/07/97
96 CRA 1477
Phipps
08/13/97
96 CRA 1479*'
Morrison
07/15/97
96 CRA 1482
Reilly
08/21/97
96 CRA 1491*'"
Smith
09/05/97
96 CRA 1492
Mann
11/18/97
96 CRA 1500
Smith
09/05/97
96 CRA 1502
Becton
09/11/97
96 CRA 1507*"
Mann
08/13/97
96 CRA 1513
Gray
10/02/97
96 CRA 1515
Reilly
09/11/97
96 CRA 1519*'"
Chess
07/18/97
96 CRA 1520*'"
Chess
07/18/97
96 CRA 1522*"
Phipps
07/24/97
96 CRA 1550
Morrison
02/09/98
96 CRA 1551
Reilly
12/08/97
96 CRA 1564
Reilly
02/04/98
96 CRA 1567
Smith
09/05/97
96 CRA 1598*='
Chess
11/03/97
96 CRA 1635
Phipps
01/13/98
96 CRA 1640
Phipps
02/13/98
96 CRA 1647
Morrison
12/03/97
96 CRA 1673
Reilly
07/18/97
96 CRA 1720*-'
Phipps
07/10/97
96 CRA 1724
Morrison
12/17/97
96 CRA 1749*'
Mann
07/10/97
96 CRA 1754
Gray
02/06/98
96 CRA 1762
Gray
02/10/98
96 CRA 1767»"
Becton
07/15/97
96 CRA 1778
Chess
02/03/98
96 CRA 1782
Mann
11/18/97
96 CRA 1789
Reilly
09/25/97
96 CRA 1793
Chess
06/17/97
96 CRA 1794
Mann
07/19/97
96 CRA 1809
Gray
08/13/97
96CRA1818-'
Gray
06/25/97
96 CRA 1820
Reilly
07/24/97
96 CRA 1825
Gray
09/10/97
96 CRA 1826*='
Gray
09/24/97
96 CRA 1846
Phipps
10/02/97
96 CRA 1857
Gray
01/16/98
96 CRA 1859
Reilly
10/21/97
96 CRA 1863
Becton
12/16/97
Consolidated Cases.
12:17
NORTH CAROLINA REGISTER
March 2, 1998
1670
CONTESTED CASE DECISIONS
AGENCY
Patrick Orlando Crump v. Deparimeni ot Human Resources
Ronald L Hadley v Deparimeni of Human Resources
Garland M Jessup v, Guilford County Child Support Enforcement
Anthony LeMar ID v. Deparimeni of Human Resources
Michael A Norman v Deparimeni of Human Resources
Waller Hawk v. Deparimeni of Human Resources
Kevin L Combs v. Department of Human Resources
Carolyn Floyd-Robinson v Deparimeni of Humai: Resources
Eugene E. Stone v. Deparimeni of Human Resources
Johnny Lewis Fields v. Department of Human Rescurccs
Charles W Sweati v. Department of Human Resou ces
Michael Elliot Wood v Deparimeni of Human Resources
Roger G Foster v Department of Human Resources
Charlie T- Smith v Deparimeni of Human Resources
Joseph Davis v. Deparimeni of Human Resources
Joseph Michael Eubanks v Department of Human Resources
Vonzell Barker v. Department of Human Resources
Charles F King v Deparimeni of Human Resources
AC. Nash V, Deparimeni of Human Resources
Curtis Bristol Self v Department of Human Resources
Ronald Alton Neal v Department of Human Resources
Danny Ray Carr v Department of Human Resources
Tony Hollingsworth v Department of Human Resources
Gregory A Dodson v Department of Human Resources
Fonda D McSwain v Department of Human Resources
Kenneth A Ingle v Deparimeni of Human Resources
Norman L Gaiewood v Deparimeni of Human Resources
Lane Bolton v Deparimeni of Human Resources
Monty G Cox v Randolph County Child Support Enforcement Agency
Steven Van Linker v Deparimeni of Human Resources
Barry Tukes Sr. v. C.S.E
Monty G- Cox v. Randolph County Child Support Enforcement Agency
Harriet Tolson v. Deparimeni of Human Resources
John W Scoli V, Department of Human Resources
Edgar C. Lewis. Jr. v. Deparimeni of Human Resources
Willie L. Berry v. Deparimeni of Human Resources
Tony Orlando Steele v Deparimeni of Human Resources
Carl Locklear v. Department of Human Resources
Tollie Woods v Department of Human Resources
James Earl McLellan v Deparimeni of Human Resources
Charles L. Raynor v Department of Human Resources
Robert Walker v Intercept Tax Refunds
Chris M. Wilson v Department of Human Resources
Fred Edward Stafford v Department of Human Resources
Richard K Blisard v. Deparimeni of Human Resources
Stanley A. Watson v. Department of Human Resources
Justin M Woazeah. Sr v. Deparimeni of Human Resources
William A Underbill v. Department of Human Resources
Almiron J. Deis v Department of Human Resources
Jeremy Baker v. Department of Human Resources
Alfred Clinton Springs v. Deparimeni of Human Resources
Ander L Garfield v. Deparimeni of Human Resources
Ulysses Harris v. Nash County Child Support Office and Human Resources
Edward Sluleville v. Department of Human Resources
Gerald A. Jones v Department of Human Resources
David Hobson v Department of Human Resources
Gregory D. Simpson v Deparimeni of Human Resources
Carl E Coffey v Deparimeni of Human Resources
Donald Ray Archie v Deparimeni of Human Resources
John T. Spidell v. Department of Human Resources
John W. Liverman v. Department of Human Resources
John H Hale. Jr. v. Department of Human Resources
Vincent L. Martin v Deparimeni of Human Resources
Harlie Leonard Hardison \ Deparimeni of Human Resources
Alton Washington v. DHR and Robeson County Child Support Enf. Agcy.
Robert M. Starling. Sr. v. Department of Human Resources
David Fraizer v Department of Human Resources
Golel Holloway. Jr v Department of Human Resources
Jeffrey Pierce v. Department of Human Resources
Patrick Orlando Crump v Deparimeni of Human Resources
Crystal Lynn Manring-Roberison v. Forsyth County CSE. DSS & DHR
William C Rivera v Department of Human Resources
Levi Brothers Jr v Deparimeni of Human Resources
David L Smith v DHR. DSS. CSE and Sampson County CSE
CASE
DATE OF
^aI^IBER
ALJ
DECISION
96 CRA 1866*"
Gray
08/18/97
96CRA 1892
Reilly
07/18/97
96 CRA 1898
Becion
07/11/97
96 CRA 1905
Smith
09/05/97
96 CRA 1915
Gray
09/24/97
96 CRA 1943
Phipps
08/13/97
96 CK.\ 1948
Reilly
12/08/97
96 CRA 1984
Smith
02/04/98
96 CRA 2070
Morrison
02/04/98
96 CRA 2085*-
Smith
10/02/97
96 CRA 2088
Phipps
02/04/98
97 CRA 0036
Chess
02/06/98
97 CRA 0043
Phipps
06/19/97
97 CRA 0280
Reilly
06/16/97
97 CRA 0436*"
Phipps
08/11/97
97 CRA 0477
Reilly
07/18/97
97 CRA 0620
Becton
08/12/97
97 CRA 0720
Reilly
07/30/97
97 CRA 0788
Gray
09/10/97
97 CRA 0974
Mann
11/19/97
97 CRA 1020
Becton
10/23/97
97 CRA 1160
Reilly
12.08.'97
97 CR,^ 1363
Gray
01/13/98
97 CRA 1471
Smith
02/09/98
97 CRA 1509
Morrison
02/09.'98
97 CRA 1714
Chess
09/25/97
96 CSE 0484
Chess
09/23/97
96 CSE 1220
Reilly
08/21/97
96 CSE 1235*'"
Becion
08/12/97
96 CSE 1249* =
Becion
07/11/97
96 CSE 1277
Mann
07/01/97
96 CSE 1278*'"
Becton
08/12/97
96 CSE 1280
Reilly
08/21/97
96 CSE 1286
Becion
10/09/97
96 CSE 1299
Mann
08/20/97
96 CSE 1319
Gray
06/25/97
96 CSE 1337
Mann
06/30/97
96 CSE 1338
Mann
07/07/97
96 CSE 1340**
Morrison
08/04/97
96 CSE 1358
Mann
10/16/97
96 CSE 1382
Becton
07/11/97
96 CSE 1384
Morrison
07/24/97
96 CSE 1403
Morrison
09/25/97
96 CSE 1406*"
Reilly
08/21/97
96 CSE 1446
Mann
10/22/97
96 CSE 1449* "
Reilly
08/21/97
96 CSE 1453*"
Chess
07/22/97
96 CSE 1455
Mann
07/18/97
96 CSE 1456
Gray
06/25/97
96 CSE 1460*""
Smith
09.'05/97
96 CSE 1473
Reilly
08/21/97
96 CSE 1480*'
Morrison
07/15/97
96 CSE 1488
Becton
10/14/97
96 CSE 1508*"
Mann
08/13/97
96 CSE 1512
Becton
09/11. '97
96 CSE 1521*^'
Phipps
07/24/97
96 CSE 1527
Reilly
06/25/97
96 CSE 1528
Reilly
09/24/97
96 CSE 1558
Becton
07/11/97
96 CSE 1566
Smith
09/05/97
96 CSE 1568
Becton
07/11/97
96 CSE 1573
Mann
10.'22/97
96 CSE 1574
Gray
08/04/97
96 CSE 1578
Becton
08/25/97
96 CSE 1597
Becion
10/13/97
96 CSE 1605*"
Chess
11/03/97
96 CSE 1610*"'
Chess
07/18.'97
96 CSE 1611
Becton
07/11/97
96 CSE 1613
Mann
06/30/97
96 CSE 1614*'^
Gray
08/18/97
96 CSE 1619
Becion
10/13/97
96 CSE 1622
Mann
06/18/97
96 CSE 1630
Chess
02/03/98
96 CSE 1639
Becion
10/1397
PUBLISHED DECISION
REGISTER CITATION
1671
NORTH CAROLINA REGISTER
March 2, 1998
12:17
CONTESTED CASE DECISIONS
AGENCY
Lenora McCracken v Departmenl of Human Resources
Donald Lee Rodgers Sr, v Rowan Counly CSE. DHR, DSS. CSE
Derrick Slurdivani v Deparimeni of Human Resources
Clyde Williams v DHR. DSS. CSE, and Piu Counly CSE
Lee R Jones v. Deparimeni of Human Resources
Jeffrey S. Seals v. Deparimeni of Human Resources
Cecil Hall v Deparimeni of Human Resources
Gregors Mellon \ Deparimeni of Human Resources
Neil G. McGilberry v, Deparimeni of Human Resources
Devin J. Bello v Departmenl of Human Resources
Phillip R Banner v Deparimeni of Human Resources
Scon NL Rodriguez v Deparimeni of Human Resources
James Wiihers v. Deparimeni of Human Resources
David M Greene v. Buncombe Counly CSE and DHR. DSS. CSE
Jarmarle Arnold v. Deparimeni of Human Resources
Sean Heiiz v Deparimeni of Human Resources
Naihan S Lockhari Sr. v Deparimeni of Human Resources
Scoii James Peirill v Deparimeni of Human Resources
Daniel E. Carpenier v. Deparimeni of Human Resources
Daniel D Morse v. Deparimeni of Human Resources
Daryl E Shankle v Child Support Enforcement .Agency
Kevin R. Thomas v, Deparimeni of Human Resources
Jeffrey William Sirama v. Deparimeni of Human Resources
Joseph Fernandez v, Deparimeni of Human Resources
Johnny Lewis Fields v Department oi Human Resources
Alfred Covington v DHR. DSS. CSE and Burke Counly CSE
Tommy L Hines Sr, v. Forsyth Counly Child Support Enforcement
Kelvin Cherry v DHR. DSS. CSE. Durham Cty CSE and Wake Cty CSE
Irvan Jemal Fonlenol v Departmenl of Human Resources
Pearlie Blakney \ Department of Human Resources
Leroy Grooms v Deparimeni of Human Resources
Sarah Chambers v Department of Human Resources
Leroy Grooms v Department of Human Resources
Pedro Baliazar Jocobo v. Department of Human Resources
Theodore McCleese v Departmenl of Human Resources
Gerlru Jefferson Ward v. Depariment of Human Resources
James Allen Harris v. Depariment of Human Resources
John C. Henderson v Deparimeni of Human Resources
William A Rogers v Deparimeni of Human Resources
Mark R. Kearney v Department of Human Resources
Michael J Powell v Departmenl of Human Resources
Joseph Davis v. Department of Human Resources
James G. Davis v Deparimeni of Human Resources
Randy Gavurnik v, Deparimeni of Human Resources
Curtis Leon Mock v Department of Human Resources
Daniel E Carpenter v. Depariment of Human Resources
Juan L. Allen v. Deparimeni of Human Resources
Donald Mac Tipton v Department of Human Resources
Guy R Auger v. Brunswick County Child Support Enforcement
Andrew J Hough v Departmenl of Human Resources
Michael V Dockery v. Deparimeni of Human Resources
William Irving Commodore v. Department of Human Resources
David F. Norman v. Depariment of Human Resources
Richmond P Lambert III v Deparimeni of Human Resources
Carvin Ray Burris v. Deparimeni of Human Resources
Mar F. Jones v Departmenl of Human Resources
Sharron S Chappell v Departmenl of Human Resources
Denis J, Quinn v Deparimeni of Human Resources
Franklin De.Angelo Siaien v Departmenl of Human Resources
Roosevelt .Alston v Department of Human Resources
Steve E Young v Deparimeni of Human Resources
James Alan Letchworth v Depariment of Human Resources
Nathaniel D. Carter v Depariment of Human Resources
Dennis W Clov^ers v Depariment of Human Resources
Tracy A, Merrill v Departmenl of Human Resources
Randy Shaw v. Department of Human Resources
Daniel J McDov^ell v. Depariment of Human Resources
Enrico Phineas Acher v. Department of Human Resources
Roger Waldren v. Department of Human Resources
Randy Allen Vore v. Deparimeni of Human Resources
Ramona G Garrett v. Departmenl of Human Resources
Alan M, Greenberg v Department of Human Resources
Johnny Hoyle Marsh Jr v. Department of Human Resources
Walter McNeil v. Departmenl of Human Resources
CASE
DATE OF
NXHMBER
ALJ
DECISION
96 CSE 1644
Mann
06/30/97
96 CSE 1667
Beclon
10/13/97
96 CSE 1672
Chess
10/09/97
96 CSE 1688
Beclon
10/13/97
96 CSE 1719*'
Phipps
07/10/97
96 CSE 1744
Gray
02/10/98
96 CSE 1750*'
Mann
07/10/97
96 CSE 1764
Morrison
09/17/97
96 CSE 1766*"
Beclon
07/15/97
96 CSE 1774
Phipps
07/16/97
96 CSE 1802*-'
Gray
09/24/97
96 CSE 1817*'
Gray
06/25/97
96 CSE 1821
Reilly
08/21/97
96 CSE 1844
Beclon
10/06/97
96 CSE 1853
Becton
10/14/97
96 CSE 1909
Chess
07/22/97
96 CSE 1910
Phipps
07/16/97
96 CSE 1914
Morrison
07/30/97
96 CSE 1917*' =
Phipps
07/25/97
96 CSE 1942
Chess
08/19/97
96 CSE 1977
Becton
07/11/97
96 CSE 1988
Phipps
02/13/98
96 CSE 2043
Beclon
07/11/97
96 CSE 2066
Chess
08,'21/97
96 CSE 2084*"
Smith
10/02/97
96 CSE 2086
Beclon
10/06/97
97 CSE 0015
ReiUy
07/18/97
97 CSE 0027
Beclon
10/13/97
97 CSE 0223
Beclon
07/11/97
97 CSE 0254
Phipps
07,/24/97
97 CSE 0258*"
Beclon
07/18/97
97 CSE 0278
Morrison
06/16/97
97 CSE 0297*"
Becton
07/18/97
97 CSE 0339
Mann
10/22/97
97 CSE 0353
Morrison
08/05/97
97 CSE 0381
Chess
08/22/97
97 CSE 0401
Mann
10/16/97
97 CSE 0408
Smith
09/05/97
97 CSE 0410
Gray
06/25/97
97 CSE 0417
ReiUy
08/07/97
97 CSE 0418
Beclon
08/12/97
97 CSE 0435*'-
Phipps
08/11/97
97 CSE 0448
Gray
07/28/97
97 CSE 0454
Morrison
08/04/97
97 CSE 0490
Mann
06/17/97
97 CSE 0501*' =
Phipps
07/25/97
97 CSE 0550
Smith
09/05/97
97 CSE 0564
Gray
09/15/97
97 CSE 0600
Morrison
07/18/97
97 CSE 0615
Reilly
08/21/97
97 CSE, 542
Mann
10/03/97
97 CSE 0671
Mann
10/03/97
97 CSE 0672
Gray
07/28/97
97 CSE 0712
Morrison
10/06/97
97 CSE 0751
Beclon
09/11/97
97 CSE 0777
Phipps
08/28/97
97 CSE 0789
Morrison
12/04/97
97 CSE 0794
Reilly
09/24/97
97 CSE 0822
Morrison
11/06/97
97 CSE 0874
Phipps
01/14/98
97 CSE 0876
Mann
12/04/97
97 CSE 0919
Reilly
12/08/97
97 CSE 0931
Smith
09/25/97
97 CSE 0944
Becion
09/11/97
97 CSE 0947
Phipps
11/18/97
97 CSE 0981
Gray
12/11/97
97 CSE 0984
Morrison
09/10/97
97 CSE 0990
Reilly
11/05/97
97 CSE 1042
Chess
10/13/97
97 CSE 1071
Mann
10/07/97
97 CSE 1108
Morrison
12/04/97
97 CSE 1311
Smith
12/08/97
97 CSE 1314
Smith
02/09/98
97 CSE 1324
Becion
09/11/97
Pl'BLISHED DECISION
REGISTER CITATION
12:17
NORTH CAROLINA REGISTER
March 2, 1998
1672
CONTESTED CASE DECISIONS
ACiENCY
Glenn O Greene v Depanmeni of Human Resources
George J Kozykowski Jr. v Depanmeni of Human Resources
Johnny Lee Barileii Jr v. Depanmeni of Human Resources
Christopher McNeill v Depanmeni of Human Resources
Donald Monroe v Depanmeni of Human Resources
Gregory P, Hublitz v Depanmeni of Human Resources
William F, Driscoll v Depanmeni of Human Resources
Herberio Garcia v Depanmeni of Human Resources
Wayne Deross v Depanmeni of Human Resources
Kenneih B Smiih v Depanmeni of Human Resources
David S McCullar V Depanmeni of Human Resources
Dennis McNeill v Depanmeni of Human Resources
David Hobson v Depanmeni of Human Resources
Jerry Whiiley v Mecklenburg Couniy Child Suppon Enforcement
Linda Wade-Hargrove v Department of Human Resources
Regina C- Sullivan v Department of Human Resources
Teri Lynne Lanier v. Department of Human Resources
KalrinaT, Johnson v. Department of Human Resources
Clarisa Carter Watson v. Department of Human Resources
Pauletle Duggins Rodgers v Department of Human Resources
INSURANCE
Joseph J Peacock '
Depanmeni of Insurance
JUSTICE
Barbara Carter Irons v. DHR, Division of Facility Services
Paul Harvey Taylor v Depanmeni of Justice. Company Police Program
Christopher Michael Lynn v Company Police Program
William G Fisher v Consumer Protection. Department of Justice
Imran Ramnarine v Department of Justice. Company Police Program
Alarm Systems licensing Board
Kim Brian Phelps v Alarm Systems Licensing Board
Daniel Joseph Dunne. Ill v Alarm Systems Licensing Board
Education and Training Standards Division
Charles Thomas Ohnmacht. Jr v, Criml. Justice Ed. Training Stds Comm.
Jon Randolph O'Dell v Criml. Justice Ed. Training Sids Comm.
James Haywood Mathews. Jr. v, Criml Justice Ed. /Training Stds, Comm
Teresa D, Wright v. Sheriffs' Ed & Training Stds. Comm.
Christopher Lee v Criminal Justice Ed & Training Standards Comm
Steven Wayne Olsen v Criminal Justice Ed & Training Standards Comm
Edward Delano Hammock v. Criminal Justice Ed & Training Sds Comm
Garfield Duncan Whiiaker v. Criminal Justice Ed & Training Stds Comm.
Joseph Lonnie Wesson v. Criminal Justice Ed & Training Standards Comm
Frank Arlander Hearne v. Criml Justice Ed & Training Stds, Comm.
Audrey McDonald Rodgers v Sheriffs' Ed & Training Stds, Comm,
Gerald S Wingaie v Sheriffs' Ed & Training Stds. Comm.
William Malcolm Mourino v, SherilTs' Ed. & Training Stds, Comm.
Derrick W Bowens v. Sheriffs' Education & Training Standards Comm
Joseph Ray Davis v Sheriffs' Ed. & Training Stds Comm.
William Wayne McDowell v. Sheriffs' Education & Training Stds Comm,
Roy Randolph Carpenter. Jr. v, Crim Justice Ed. & Training Stds Comm
Karen Poole Daniels v. Sheriffs' Ed. & Training Stds Comm,
James Earl Everett v Crim, Justice Ed & Training Stds Comm,
Anihony Jerome Jackson v Sheriffs' Ed. & Training Stds. Comm.
Private Protective Services Board
Private Protective Services Board v Phillip L Hanson
Ronald .Anthony Bobeck v Private Protective Services Board
Joseph D. While v. Private Protective Services Board
Harry A. House v. Private Protective Services Board
Earl Thomas Wilson v. Private Protective Services Board
Patli Jones v. Private Protective Services Board
John Stokes, Jr v Private Proiective Services Board
Steven M. Riley v Privaie Proiective Services Board
PUBLIC INSTRUCTION
Nicholas Eirschelc. by his parents. Charles & Kathy Eirschele v Craven
County Board of Education
Jay and Elisabelh Miller v Henderson Couniy Public Schools
Karen L Holgersen v. Department of Public Instruction
Meridith Kirkpairick. by her parent. Susan Kirkpairick and Meridiih
Kirkpatrick. Individually v. Lenoir County Board of Education
C.\SE
DATE OF
NUMBER
ALJ
DECISION
97 CSE 1.175
Becton
02/10/98
97 CSE 1397
Phipps
01/13/98
97 CSE 1398
Mann
02/03/98
97 CSE 1434
Reilly
02/11/98
97 CSE 1449
Gray
02/02/98
97 CSE 1468
Gray
02/10/98
97 CSE 1469
Morrison
02/02/98
97 CSE 1477
Morrison
02/02/98
97 CSE 1500
Gray
02/02/98
97 CSE 1520
Becton
02/02/98
97 CSE 1546
Mann
01/12/98
97 CSE 1552
Reilly
02/02/98
97 CSE 1747*"
Phipps
07/24/97
97 CSE 2037
Reilly
08/21/97
97 DCS 0365
Becton
07/11/97
97 DCS 0482
Becton
07/18/97
97 DCS 0738
Smith
09/05/97
97 DCS 0856
Becton
09/24/97
97 DCS 0909
Gray
10/02/97
97 DCS 1238
Smith
12/08/97
96 INS 0433
Becton
07/25/97
97 DOJ 0669
Phipps
08/27/97
97DOJ0916
Reilly
10/03/97
97 DOJ 1120
Chess
10/22/97
97 DOJ 1300
Mann
01/15,'98
97 DOJ 2071
Becton
06/11/97
96 DOJ 1 785
Gray
08/08/97
97 DOJ 0868
Phipps
09/12/97
96 DOJ 0353
Phipps
06/13/97
96 DOJ 1466
Phipps
09/16/97
96 DOJ 1957
Reilly
07/31/97
97 DOJ 0035
Morrison
01/08/98
97 DOJ 0076
Morrison
06/19/97
97 DOJ 0077
Phipps
08/21/97
97 DOJ 0078
Gray
12/19/97
97 DOJ 0121
Phipps
1 1 /04/97
97 DOJ 0136
Reilly
08/26/97
97 DOJ 0137
Reilly
06/10/97
97 DOJ 0308
Reilly
07 '3 1/97
97 DOJ 0428
Gray
10/09/97
97 DOJ 0430
Phipps
09/16/97
97 DOJ 0661
Smiih
08/29/97
97 DOJ 0747
Gray
10/02/97
97 DOJ 0817
Morrison
08/22/97
97 DOJ 0977
Becton
12/31/97
97 DOJ 1128
Morrison
02/02/98
97 DOJ 1218
Gray
01/26/98
97 DOJ 1426
Phipps
01/09/98
96 DOJ 0795
Smith
06/05/97
97 DOJ 0476
Morrison
06/20/97
97 DOJ 0724
Gray
10/06/97
97 DOJ 0727
Phipps
09/11/97
97 DOJ 0996
Gray
10/06/97
97 DOJ 1195
Reilly
11/03/97
97 DOJ 1196
Reilly
11 '03/97
97 DOJ 1445
Mann
01,'30,'98
96 EDC 0655
Mann
09/02/97
96 EDC 0766»-""
Phipps
12'11'97
96 EDC 0808
Smith
05 27/97
96 EDC 0979
Overby
06'02'97
pi:blished decision
register citation
12:04 NCR 327
12:06 NCR 501
12:13 NCR 1201
1673
NORTH CAROLINA REGISTER
March 2, 1998
12:17
CONTESTED CASE DECISIONS
AGENCY
Brian Allen Hoffman v Deparimtnl of Public Insiruciion
Alexander & Linda Brody & iheir son. James Brody v Dare County
Public Schools
Jay and Elisabelh Miller v Henderson County Public Schools
Brenda Joyce Brooks Lovely v State Board of Education
John G. Schaenman v Slate Board of Education
Norman D Crolls v. Stale Board of Education
Paul W. Bonham v. Stale Board of Education, Dept, of Public Insiruciion
Fred W Crawford U v Charlolle/Mecklenburg Board of Education
Walter R Bennett v Slate Board of Education
Julius 0- Webb v Hertford County Board of Education
Charles Beverly Whitley v Slate Board of Education
H. Margaret Willelts v. Department of Public Instruction
Karen Clark Ceccato v Department of Public Instruction
Carl Smith Herman v Stale Board of Education
Cynthia Chisley v Cumberland County Board of Education
Thomas Jenkins (Student). Bernitha Jenkins (Parent) v. Ralph Pike Senior
High. Wilson County Public School
STATE PERSONNEL
CASE
DATE OF
NXTMBER
ALJ
DECISION
96EDC 1013
Gray
10/24/97
%EDC 1095
Creech
08/25/97
96EDC nOS,*'-''
Phipps
12/11/97
97 EDC 0089
Morrison
08/01/97
97 EDC 0095
Morrison
10/07/97
97 EDC 01 17
ReiUy
09/23/97
97 EDC 0343
Smith
10/28/97
97 EDC 0345
Smith
10/21/97
97 EDC 0657
Smith
09/29/97
97 EDC 0736
Gray
09/09/97
97 EDC 0898
Bccion
12/31/97
97 EDC 0978
Phipps
10/29/97
97 EDC 0989
Smith
09/16/97
97 EDC 1050
Becton
10/27/97
97 EDC 1167
Gray
12/29/97
97 EDC 1550
Smith
01/06/98
PUBLISHED DECISION
REGISTER CITATION
12:07 NCR 581
12:13 NCR 1201
Adminislration
Paul F Rock v Dept of Administralion Div. of Purchase and Contract 97 OSP 1404 Phipps
Brunswick Community College
Dr Donald W Skinner v Brunswick Community College
Correction
Janice Harding v Department of Correction
William H. Williamson v. A.K. Pruiit, Sup. Blanch Youth Inst. Correction
William H. Williamson v A K Pruitt, Sup. Blanch Youth Inst, Correction
Michael McKimmey v Department of Correction
Pamela Robinson v. Department of Correction
Pamela Robinson v Department of Correction
Stephen Dubay v Department of Correction
Rodney Jones. Paula Hawkins. James McKoy v. Dept of Correction
Rodney Jones. Paula Hawkins, James McKoy v. Dept. of Correction
Rodney Jones, Paula Hawkins, James McKoy v. Dept. of Correction
Larry Wayne Pruitt. Jr. v. Department of Correction
Margaret Martin Roberts v Department of Correction
William Hershel Bradley v Franklin Freeman. Supt Mark Hughes.
Grant Spicer. Asst Supt. Wade Hatley. et al. Department of Correction
Dennis Harrell v. Department of Correction
Ray Evans Joyner v Correction. Div. of .Adult Probation/Parole
Morton Floyd v. New Hanover Department of Correction
Fannie P Greene v Adult Probation. State of NC
William G Jordan v. Department of Correction
Joe Nathan Graham v Department of Correction
William A. Rich v, Dennis Rowland (Asst, Supt.) Wake Corr. Ctr DOC
Deborah R. Dixon v Department of Correction
Tone M, Osborne v Department of Correction
Dennis M. Butcher v Department of Correction
Lonnie F. McCaskill. IH v Department of Correction
William E- McCaskill v Department of Correction
William .A Rich v. Department of Correction
Andrew Pinto v Department of Correction
Regina Draughon v Department of Correction. Duplin Correctional Ctr
Ronald M. Johnson v Emp Rel Comm.. DOC (Morrison Youth Inst )
Bernie B Kelly v. Harry Chambers. Department of Correction
Stanley L. Ingram v. Department of Correction
Randy L. Tompkins v Department of Correction
Andrew Pinto v Department of Correction
Reginald W. Lewis v. Piedmont Corr, Institute. Mr T Pinion. Cpt.
K, Fry. Sgt. Dancy. SCT, B. Crawford
Donald W Keith v Department of Correction
Frances A, Holden v Lumberton Correctional Institute
Thomas Woolridge v Lumberton Correctional Institute
Crime Control and Public Safety
Timothy M, Lassiter v Crime Control & Public Safety. St. Hwy Patrol
Carroll E Ward v. Slate Highway Patrol
97 OSP 1404
Phipps
01/09/98
97 OSP 0310
Phipps
06/12/97
87 OSP 1250
Morrison
01/12/98
93 OSP 0687*"
Gray
01/28/98
93 OSP 1379*"
Gray
01/28/98
96 OSP 0254
Reilly
12/18/97
96 OSP 0403*"
West
12/08/97
96 OSP 0654*"
West
12/08/97
96 OSP 0896
Gray
01/28/98
96 OSP 1051*"
Phipps
08/20/97
96 OSP 1119*"
Phipps
08/20/97
96 OSP 1120*"
Phipps
08/20/97
96 OSP 1133
Gray
08/11/97
96 OSP 1157
Reilly
01/26/98
96 OSP 1604
Phipps
06/19/97
96 OSP 2039
Chess
06/18/97
97 OSP 0100
Becton
09/18/97
97 OSP 0152
Gray
06/13/97
97 OSP 0261
Gray
11/20/97
97 OSP 0469
Morrison
10/31/97
97 OSP 0539
Smith
01/13/98
97 OSP 0542
Gray
09/02/97
97 OSP 0594
Smith
01/29/98
97 OSP 0601
Smith
10/27/97
97 OSP 0745
Reilly
12/10/97
97 OSP 0761
Gray
10/02 ,'97
97 OSP 0770
Becton
09/26/97
97 OSP 0853
Mann
12/23/97
97 OSP 0873
Becton
10/31/97
97 OSP 0883
Phipps
12/19/97
97 OSP 0940
Gray
10/02/97
97 OSP 0998
Becton
02/03/98
97 OSP 1075
Mann
12/23/97
97 OSP 1110
Smith
12/16/97
97 OSP 1261
Phipps
02/04/98
97 OSP 1276
Smith
12/02/97
97 OSP 1294
Chess
01/14/98
97 OSP 1321
Becton
12/31/97
97 OSP 1401
Becton
12/19/97
97 OSP 0423
Phipps
10/29/97
97 OSP 0750
Mann
09/16/97
12:14 NCR 1363
12:14 NCR 1373
12:14 NCR 1373
12:17 NCR 1677
12:11 NCR 987
12:17 NCR 1685
12:17
NORTH CAROLINA REGISTER
March 2, 1998
1674
CONTESTED CASE DECISIONS
AGENCY
Employment Security Commission
Broxie J- Nelson v Empioymeni Securin Commission
Sandra T Shearm v Employment Security Commission
Mary H. Ranson v. Empioymeni Security Commission
Carrie F Luther v. Employment Security Commission
Frances P- Gray v. Employment Security Commission
Environment, Health, and Salural Resources
Ym-Pong G Chang v EHNR. Di\ Environmental Management
Dowell Gray v Department of Environment and Natural Resources
and
Onslow County Department of Health
James Fred Sviain v Environment. Health, and Natural Resources
James S. Kantor v Environment. Health, and Natural Resources
Human Resources
Betty J Souther v New. River Area MB DD S,.\ Program
Kenneth B. Cooper v. Piedmont .Area .Mental Health
Willie D Parks v. Cherry Hospital. Department of Human Resources
Robert Tilson Morley v Department of Human Resources
Glen Sutton v Cumberland County Department of Social Services
Brenda C- Burgess v Dept of Human Resources iBroughton Hospital)
Felicia .^nn Baker v , Lenoir County DSS. Jack B Jones
Sharron S Moten v. Lenoir County DSS. Jack B Jones
Pamela .Massey v Department of Human Resources
Clifton Dean Hill v. Department of Human Resources
Benme .Allen Suttle v. Department of Human Resources
Calvin E Kaiser v Southeastern Mental Health Center
Sandra Riley v. Onslov^ County Department of Social Services
Vicky Angel Morgan v Buncombe County Department of Social Services
.Antoinette LeveiUe v Onslov, County Department of Social Services
Rick A- Sanders v. Department of Health and Human Services
Troy Gaines v Durham County Menul Health Department
Edward Percell Bason v Department of Human Resources
Dale Dees v Trend Community Mental Health Services
Lisha Dav^n Byrd v Human Resources (Western Carolina Centeri
Richard G- Steeves v. Scotland County Board of Health
Antonio .A Archibeque v Barbara D Whitley. Dir. Stanly County DSS
DHR. Deaf & Hard of Hearing CNCSD. Evonne Broadnax v. DHR.
Deaf & Hard of Hearing CNCSD
Richard G Sleeves v. Scotland County Board of Health & Scotland County
Julia R Baker V Union County Department of Social Services
Mary E. Reed v. Department of Human Resources (Broughton Hospital)
Public Instruction
Frances Phillips Melott v Department of Public Instruction
Dowell Gray v Department of Environment and Natural Resources
and
Onslow County Department of Health
CASE
DATE OF
PUBLISHED DI
XISION
NX^IBER
.\LJ
DECISION
REGISTER CITATION
96OSP0378
Becton
07/10/97
97OSP0293
Phipps
01/07/98
97OSP0387
Mann
07/24/97
97 OSP 0943
Mann
01/12/98
97 OSP 0948
Smith
01/13/98
95 OSP 0937
Reilly
02/13/98
97 OSP 0374*"
Gray
12/01.'97
12:13 NCR
1222
96 OSP 0440
Gray
10.'02/97
12:09 NCR
851
96 OSP 0633
Smith
09/30/97
12:09 NCR
854
94 OSP 0327
Becton
10/20/97
95 OSP 0312
Smith
12/19/97
96 OSP 0617
Phipps
09/10/97
96 OSP 0969
Gray
08 21/97
96 OSP 1296
Gray
07 17/97
96 OSP 1485
Phipps
10/13/97
96 OSP 1664
Becton
12/05;'97
96 OSP 1665
Becton
12 05 97
12:13 NCR
1215
96 OSP 1927
Becton
08/28 97
12:06 NCR
497
97 OSP 0007
Phipps
06/20/97
12:02 NCR
107
97 OSP 0069
Reilly
09/30/97
97 OSP 0073
Gray
08 08 97
97 OSP 0217
Reil'ly
10 14 97
97 OSP 0283
Becton
10 02/97
97 OSP 0305
Chess
0130 98
97 OSP 0307
Reilly
10 16 97
97 OSP 0347
Mann
0805 97
97 OSP 0363
Gray
08/15/97
97 OSP 0402
Mann
11 24 97
12 12 NCR
1087
97 OSP 0491
Morrison
08 28 97
97 OSP 0622*^
Phipps
10 21 97
97 OSP 0663
Smith
09/0297
97 OSP 0756
Becton
09/03/97
97 OSP 0760'='
Phipps
10/21/97
9^ OSP 0783
Gray
10/13/97
97 OSP 0907
Smith
02 05,98
95 OSP 0907
Trawick
06 09 97
97 OSP 0374»"
Grav
12 0197
12:13 NCR
1222
I
Transponation
Tommie R. Jones. Samuel W. Winstead. Timothy C Sturges. Michael L
Boone. and Ronnie Batchelor v. Dept of Transportation. Div of Motor
Vehicles. Enforcement Section
Tommie R. Jones. Samuel W. Winstead. Timothy C. Sturges. Michael J.
Boone, and Ronnie Batchelor v Dept. of Transportation. Div. of Motor
Vehicles. Entbrcement Section
Tommie R. Jones. Samuel W. W'insiead. Timothy C. Sturges. Michael J.
Boone. and Ronnie Batchelor v Dept of Transportation. Div. of Motor
Vehicles, Enforcement Section
Georgia B, Warren v. Dept. of Transportation. Div. of Motor Vehicles.
Enforcement Section
Tommie R. Jones. Samuel W. Winstead. Timothy C. Sturges. Michael J.
Boone, and Ronnie Batchelor v. Depl. of Transportation. Div. of Motor
Vehicles, Enlorcement Section
Tommie R. Jones. Samuel W. Winstead. Timothy C. Sturges. Michael J.
Boone, and Ronnie Batchelor v Dept. of Transportation. Div, of Motor
Vehicles, Enforcement Section
Wendell L. Webb v. Deparim.ent of Transportation, Ferry Division
Wendell L. Webb v. Department of Transportation. Ferry Division
Frank A. Tice, HI v. Department of Transportation
Roy J. Abbott v. Department of Transportation
James French v. Department of Transportation
96 OSP 0781'-'
Phipps
1L13 97
12:11 NCR
979
96 OSP 0782'^
Phipps
1113 -97
12:11 NCR
979
96 OSP 0783'-''
Phipps
11,13,97
12:11 NCR
979
96 OSP 0784*="
Phipps
11 13 97
12:11 NCR
979
96 OSP 0785'="
Phipps
11 13 97
12:11 NCR
979
96 OSP 0786'=°
Phipps
11:13 97
12:11 NCR
979
96 OSP 1710*='
Phipps
10 31 97
9-" OSP 0198*=-
Phipps
10 31.97
9" OSP 0380
.Mann
09 05 97
97 OSP 0697
Morrison
12 05 97
97 OSP 1252
Smith
12,1697
1675
NORTH CAROLINA REGISTER
March 2. 1998
12:17
CONTESTED CASE DECISIONS
I
AGENCY
University of Sonh Carolina
Boyd S- Taylor v. NC Ceniral University
Gregory Lapicki v. EasI Carolina University
Diane Riggsbee-Raynor v. UNC at Chapel Hill
Helen Mclniyre v. UNC-TV University of North Carolina
Elaine P Browne v. Winston-Salem Stale University
Carol Glosson v. University of NC Hospitals at Chapel Hill
Theresa Rogers v. University of NC Hospitals at Chapel Hill
Ann O. Meares v, NC State University
Jesse Daniels v East Carolina University
Darrell J Hampton v, NC Central University
Clinton A. Browne v, NC A&T State University
Kenneth L. Jarman v. East Carolina University
William A. Covington v. NC A & T State University
Beth W Vinson v. Western Carolina University
Viola Simmons v. UNC-Wilmington
Helen Mclniyre v. UNC-TV University of North Carolina
Helen Mclniyre v. UNC-TV University of North Carolina
E Julius Carter v. UNC-Greensboro
Cindy Harizell v. N.C.S.U. Facilities Operations
Edward L, Chaiman v, UNC Hospital Marriot
Winifred Bird v. University of NC Hospitals at Chapel Hili
Sharon McLawhorn v. East Carolina University
SECRETARY OF STATE
Greenway Capital Corp & Stacey Lee Davis v Securities Div. Sec'y/S
Teresa M. Colirain v. Secretary of State
STATE TREASIIRER
Shelby H- Underwood, et-al. v. Trustees Teachers'St- Emp Ret. SyS-
Richard Albert Jose v. Stale Treasurer Retirement Systems Div
Annie Tharnngton Harrington v. Trustees Teachers/St. Emp Ret, Sys.
TRANSPORTATION
Audrey W. Hams v Transportation. Manson/Wheat Contr,, & Wake Elec- 97 DOT 0566
UNIVERSITY OF NORTH CAROLINA
Clinton S. Rogers v. UNC-Chapel Hill
CASE
DATE OF
Pl'BLISHED DECISION
NTJMBER
ALJ
DECISION
REGISTER CITATION
94 OSP 0363
Chess
09/12/97
94 0SP 1721
Reilly
02/11/98
96 OSP 0326
Chess
06/04/97
12:01 NCR 39
96 OSP 0822
Gray
09/26/97
96 OSP 1007
Reilly
09/24/97
96 OSP 1015
Becton
10/08/97
96 OSP 1065
Morrison
10/23/97
96 OSP 1870
Chess
09/22/97
97 OSP 0123
Morrison
01/13/98
97 OSP 0155
Mann
08/11/97
97 OSP 0199
Phipps
09/18/97
97 OSP 0249
Gray
09/26/97
97 OSP 0686
Becton
08/29/97
97 OSP 0762
Phipps
10/10/97
97 OSP 0859
Gray
11/18/97
97 OSP 0991
Gray
09/26/97
97 OSP 1148
Gray
10/16/97
97 OSP 1202
Phipps
11/05/97
97 OSP 1299
Phipps
02/13/98
97 OSP 1384
Phipps
01/20/98
97 OSP 1413
Phipps
01/12/98
97 OSP 1560
Phipps
02/05/98
94 SOS 0097
Gray
10/28/97
97 SOS 0499
Reilly
10/22/97
12:10 NCR 914
96 DST 0390
Reilly
08/05/97
97DST0281
Reilly
10/02/97
97 DST 0866
Mann
01/15/98
12:15 NCR 1468
97 DOT 0566
Gray
07/28/96
97 UNC 1062
Becton
10/31/97
12:17
NORTH CAROLINA REGISTER
March 2, 1998
1676
CONTESTED CASE DECISIONS
STATE OF NORTH CAROLINA
COUNTY OF CHEROKEE
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
96 0SP1157
MARGARET MARTIN ROBERTS,
Petitioner,
DEPARTMENT OF CORRECTION,
Respondent.
RECOMMENDED DECISION
This matter was heard before the undersigned administrative law judge on June 4 and 5, 1997, in Asheville. The transcript
was not completed until November 6, 1997. The parties filed their proposed recommended decisions on or about January 2, 1998.
Mark L. Killian appeared for Petitioner. J. Philip Allen appeared for Respondent. Petitioner presented nine witnesses
and introduced E.xhibits# 1 - 24. Respondent presented eleven witnesses and introduced Exhibits # 1, 4. 7 - 16. 18 - 24, and the
last two pages of ExJiibit It 29.
ISSUES
1 . Did Respondent fail to promote Petitioner to the position of Chief Probation/Parole Officer for Cherokee, Clay
and Graham Counties in 1996 because of her sex?
2. Did Respondent fail to promote Petitioner to the position of Chief Probation/Parole Officer for Cherokee, Clay
and Graham Counties in 1996 because of her age?
3. Did Respondent fail to promote Petitioner to the position of Chief Probation/Parole Officer for Cherokee, Clay
and Graham Counties in 1996 because of her political affiliation?
4. Did Respondent assign Petitioner to cover two additional counties in her job as an administrative Probation/Parole
Officer in retaliation for protesting alleged violations?
FINDINGS OF FACT
1. Petitioner is a female who was bom on January 21, 1940.
2. Petitioner received a bachelor's degree in clothing and textiles from Auburn University and later received teacher
certifications and 18 credit hours towards a master's degree from V/estem Carolina University. Before being hired by Respondent,
Petitioner worked in various teaching and teacher aide positions.
3. Petitioner was hired by Respondent on September 1, 1986, as a Probation/Parole Officer (PPG), working in Clay
and Cherokee Counties under the supervision of Edwin Hendrix.
4. Prior to 1994, Petitioner was a field PPG and personally supervised probationers. In 1994, Petitioner laterally
transferred to become the administrative PPG for the 30'" Judicial District which includes Clay, Cherokee, Graham, Haywood,
Jackson, Macon and Swain Counties. Thomas Lance was her supen-'isor. She did the data entry and paperwork to set up new cases
for field PPGs. The District has 20-25 PPGs and three Chief PPGs.
5. Petitioner is a Republican.
6. Throughout the period from 1986 through 1994, Petitioner's job evaluations were consistently favorable, with
many ratings of "Exceeding Expectations" and "Very Good."
7677
NORTH CAROLINA REGISTER
March 2, 1998
12:17
CONTESTED CASE DECISIONS
1 . In 1994, Petitioner applied for the position of Chief PPO for Cherokee, Clay and Graham Counties, which became
open when Hendrix was promoted to 30th Judicial District Manager.
8. Five applicants, including Petitioner, were interviewed in 1994 for the open Chief PPO position. Four were
Republicans and one was a Democrat. The Democrat, George Kraushaar, who had worked as a field PPO in Cherokee County since
1987, was selected. Petitioner had more seniority. All five applicants were rated as "acceptable" by the interview committee. The
interview summaries noted that both Petitioner and Kraushaar had received ratings of "Very Good" on their last evaluations and
were generally complimentary of both Petitioner's and Kraushaar's qualifications.
9. Kraushaar was not a forceful leader during his tenure as Chief PPO. In particular, he had trouble asserting his
authority over Mark Stiles, Mike Gregory and Amy Mashbum, who were upset that he had been selected as Chief PPO instead of
Petitioner. Charles White. Assistant Division Chief, stated that Kraushaar did not exercise control over the Office. Continuous
political rumors interfered with the functioning of the Office.
10. In April 1995, and again in September 1995, Petitioner received "Very Good" performance ratings, with positive
comments from Kraushaar and Lance, the two Chief PPOs in whose districts she worked as an administrative PPO. Each of those
ratings was countersigned by Hendrix. as Judicial District Manager.
11. On September 18, 1995, Jason Shane Whitaker was placed on probation for five years by Superior Court Judge
Preston Cornelius for eight counts of breaking and entering and eight counts of larceny. PPO John Carpenter was assigned as
Whitaker's supervising officer.
12. In late 1995, Petitioner was asked by Whitaker's mother and by Whitaker's attorney to try to get Whitaker's
probation terminated so that he could enter military service. Petitioner had helped Whitaker's other son, David, join the Jobs Corps
and obtain employment. Whitaker's mother believed that Carpenter was not helping her son. In fact. Carpenter had a conflict of
interest. Jason was dating Carpenter's daughter Mindy. Carpenter denied that there was any serious relationship. However,
Petitioner's Exhibits #23 and 24 show Jason and Mindy in romantic poses. The undersigned asked Carpenter and other witnesses
whether this was a conflict of interest. The answers were "no" and that things were done the "mountain way." One of Respondent's
witnesses admitted that he supervised his niece. Nevertheless, the undersigned examined the Respondent's manual and read the
following into the record: " Professional Relationship : It is the policy of the Division of Adult Probation and Parole for its
employees to maintain a professional relationship with offenders anywhere in the criminal justice system. While friendly, open
professional relationships are encouraged, it is against policy for employees to become personally involved or socially associate
with offenders under supervision ..." Mr. Carpenter was "personally involved" with Jason. The petitioner properly intervened
in order to remedy the situation.
13. On January 8, 1996, Petitioner presented a proposed order to Superior Court Judge James U. Downs containing
Petitioner's recommendation that Whitaker's probation be terminated. Judge Downs, relying on Petitioner's recommendation,
signed the order.
14. Prior to the termination of Whitaker's probation. Petitioner spoke to Carpenter about helping to get Whitaker into
the military.
15. Petitioner did not obtain the approval of Kraushaar to have Whitaker's probation terminated or to have the
completion of his community service waived. It was not the practice at the time for PPOs to obtain his approval.
16. Carpenter learned that Whitaker's probation had been terminated when Carpenter happened to meet Whitaker and
encouraged him to complete his community service. Whitaker replied that Petitioner had told him that he wasn't on probation
anymore.
17. Petitioner gave Carpenter a copy of the termination papers on January 24, 1996. Carpenter did not question
Petitioner about the termination. Petitioner had previously spoken to him about assisting Jason. Terminating probation early was
done by all the PPOs.
18. Kraushaar testified that he became aware of the termination on January 24, 1996.
19. Kraushaar reported the termination to Hendrix who directed Kraushaar to get a written statement from Carpenter
and to notify Petitioner's supervisor. Lance.
12:17 NORTH CAROLINA REGISTER March 2, 1998 1678
CONTESTED CASE DECISIONS
20. On January 25, 1996, Carpenter wrote out a statement about the matter and Kraushaar sent a memo to Lance
describing the termination and recommending that "appropriate action be taken."
21 . Hendrix reported the Whitaker incident to his superiors, Roger Haney and Charles White, the Chief and Assistant
Chief, respectively, of the Fourth Judicial Division. Haney reported it to Theodis Beck and Paul Gross, the Director and Business
Officer, respectively, of the Division of Adult Probation and Parole.
22. On January 26, 1996, Petitioner filed an application for the position of Chief PPO for Cherokee, Clay and
Graham Counties, to replace Kraushaar, who was stepping down to become an Intensive PPO. Petitioner was qualified for the
position. Although Petitioner did not announce in advance that she would apply for the position, it was commonly known by both
Democrats and Republicans that she would apply for the position. In fact, the activity by Kraushaar, Hendrix, Carpenter, Lance,
Hendrix, Haney, and White before and after the filing of her application was influenced by the fact that the Petitioner, a
Republican, with experience and performance ratings of "Very Good and "Exceeding Expectations" was going to and had applied
for the Chief PPO position. Hendrix and White, Democrats, sat on the interview committee for the Chief PPO position. Petitioner
received a poor rating from the committee. Hendrix once stated that the Petitioner "had sued the State and she would never get
another promotion." Hendrix knew the Petitioner was a Republican and considered her to be an "activist."
23. On January 30, 1997, Lance summoned Petitioner to his office in Bryson City. She was met there by Lance,
Hendrix, and Becky Warner, a stenographer, who took notes of the meeting. Lance and Hendrix presented Petitioner with a memo
regarding the Whitaker incident, had her sign an internal investigation form, and gave her a list of 25 questions about the Whitaker
incident to answer in writing. She complied.
24. Immediately after the January 30 meeting, Lance and Warner followed Petitioner to her office in Hayesville and
directed her to hand over to them her 1994 and 1995 closed files to be audited. This was the first time such an audit had been
performed. Charles Neal wrote White on March 5, 1996, that "the audit of (Petitioner's) cases showed these files to be in good
shape with recent case reviews. Any problems or deficiencies (and there were very few) could be attributed to recent review and
the file not being in the officer's possession." Petitioner's Exhibit #17.
25. On February 12, 1996, Lance issued to Petitioner a written warning, which stated that the termination of
Whitaker's probation without the knowledge of his probation officer and without the prior approval of Petitioner's supervisor
violated Division policy and constituted unacceptable job performance. Lance also issued to Petitioner a "coaching" performance
review, in which she was instructed to follow established policy and procedure in staffing cases with the Chief PPO. The actions
taken by the Respondent from January 24, 1996, through February 12, 1996, were undertaken to discredit the Petitioner as an
applicant for the Chief PPO position. The extensive evidence of an open rift and ill-feelings between the Democrats and Republicans
in the operation of the Probation and Parole Office support this finding. The petitioner also received a "Below Good" and
"Unsatisfactory" rating for the first time. Further evidence of the politicizing of the Office and the Respondent's political affiliation
discrimination against the Petitioner is contained in Respondent's Exhibit #11 named "1996 Interview Package for: Margaret
Roberts." The Exhibit contains her first "Below Average" rating given by White and Hendrix, her application for the Chief PPO
position and among other things "a smoking gun" - i.e. a copy of a newspaper article concerning a breakfast hosted by the Cherokee
and Clay County Republican Party Organization for Gubernatorial Candidate Robin Hayes. The article states that: "Cherokee
County GOP chairwoman Curtis Dockery and Clay County chairwoman Margaret Roberts arranged the breakfast held Jan. 27. .
. . (T)hey said that they would welcome both (Hayes and Vinroot) to visit the area before the primary and would then pull out all
the stops to support the winner in the race against Gov. Jim Hunt." With this reminder in the Petitioner's personnel file, the
interview committee pulled out all the stops to insure that the Petitioner, a Republican, would not be selected for the Chief PPO
position.
26. On February 13, 1996, Petitioner and five other applicants were interviewed by White and Hendrix for the
position of Chief PPO for Cherokee, Clay and Graham Counties.
27. Of the six applicants, the interviewers rated Bobby Cagle and Dawn Wilde as Above Average, Nick Guthrie as
Average, and Margaret Roberts, Mike Gregory and Nadine Vehe as Below Average.
28. Bobby Cagle is a Democrat.
29. The inteiv'iew committee noted that Petitioner had received a written warning (for inter\ening to assist in the Jason
Whitaker matter), stated that she lacked a good understanding of the role of a Chief PPO (even though there was evidence showing
that she was qualified for the position), and concluded that she should not be considered for the position (knowing that she had
1679 NORTH CAROLINA REGISTER March 2, 1998 12.17
CONTESTED CASE DECISIONS
arranged a breakfast for Republican Hayes).
30. Bobby Cagle is a male who was bom on February 1, 1967.
31. Cagle received a bachelor's degree in political science and sociology from the University of North Carolina at
Chapel Hill and, at the time of his application, had completed 32 credit hours towards a master's degree in social work from UNC-
CH. Before being hired by Respondent, he was a social worker in Graham County. Cagle was so confident that he would occupy
the position, he informed others of the fact after only the position was posted. Cagle expected to receive the promotion because
he helped Krauzer and Hendri.x receive their positions.
32. From 1991 to 1994, Cagle was a PPO based in Graham County. In 1994, Cagle was promoted to an intensive
PPO, covering Graham County and part of Cherokee County. While serving as an intensive PPO, Cagle was a student intern for
one year at the Smoky Mountain Counseling Center, working in the area of substance abuse treatment and the coordination of
services between the Division of Adult Probation and Parole and substance abuse treatment programs. In addition, Cagle served
on the boards of numerous Graham County civic groups and non-profit organizations dealing with social service and criminal justice
issues.
33. The interview committee, with Hendrix and White, found Cagle to be extremely knowledgeable about the role
of a Chief PPO, noted his extensive community involvement and his understanding of how the various social service agencies
interface with each other, and recommended him as its first choice for the position.
34. Respondent's manual states: "Release from Probation prior to the expiration date will be considered a termination.
The Court may at any time during the period of probation terminate probation upon its own motion, upon the motion of the Officer
(with the approval of the Unit Supervisor), or upon the conclusion of mandatory review of probation pursuant to G.S. 15A-
1342(d)." The manual further provides that it is an officer's responsibility to "[djiscuss the case with the Unit Supervisor for
approval of early termination." The Republican witnesses testified that PPOs were never instructed that the Chief PPO's approval
was required when a probation was terminated early. The Democrats disagreed. The evidence suggests that the "mountain way"
not the manual was followed.
35. Cagle was selected for the position of Chief PPO for Cherokee, Clay and Graham Counties.
CONCLUSIONS OF LAW
1. The Respondent did not intentionally discriminate against Petitioner on account of her sex when it failed to
promote Petitioner.
2. The Respondent did not intentionally discriminate against Petitioner on account of her age when it failed to
promote Petitioner.
3. The Respondent did not retaliate against Petitioner.
4. The Respondent did intentionally discriminate against Petitioner on account of her political affiliation when it
failed to promote Petitioner. The Petitioner made a prima facie case, the Respondent offered legitimate
nondiscriminatory reasons for selecting Cagle, but the evidence, in particular, of the politicizing of the office,
the fabricating of false charges against Petitioner concerning the Whitaker matter, and the inclusion of material
concerning Petitioner's political activities in her personnel file established that the offered reasons were simply
a pretext to perpetuate political affiliation discrimination according to the "mountain way."
RECOMMENDED DECISION
It is recommended that Petitioner receive back pay and front pay until she is placed in a position of a Chief PPO. It is also
recommended that Petitioner be awarded reasonable attorney fees.
NOTICE
The State Personnel Commission is the agency that will make the final decision in this contested case. It is required to
12:17 NORTH CAROLINA REGISTER March 2, 1998 1680
CONTESTED CASE DECISIONS
give each party ;in opponunity to file exceptions to this recommended decision and to present written arguments. The agency will
serve a copy of the final decision on all panics, the attorneys of record, and the Office of Administrative Hearings.
This the 26'" day of January, 1998.
Robert Roosevelt Reilly, Jr.
Administrative Law Judge
1681 NORTH CAROLINA REGISTER March 2, 1998 12:17
CONTESTED CASE DECISIONS
STATE OF NORTH CAROLINA
COLTS TY OF FORSYTH
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
97 DHR 0552
RUBY WOODWARD,
Petitioner,
V.
NORTH CAROLINA DEPARTMENT OF HUMAN
RESOURCES
Respondent.
RECOMMENDED DECISION
FOR PETITIONER:
FOR RESPONDENT;
This contested case was heard by Administrative Law Judge, Sammie Chess, Jr. On November 24, 1997, in High Point,
North CaroHna. This proceeding is an appeal from the decision of Respondent to deny the Petitioner's family foster home license
application.
APPEARANCES
Ruby Woodward, appearing pro se
Jane Rankin Thompson
Assistant Attorney General
N.C. Depanment of Justice
310 E. Third Street, Suite 200
Winston Salem, NC 27101
ISSUE
Whether the Respondent properly denied Petitioner's application for a family foster home license.
FINDINGS OF FACT
1 . The Petitioner, Ruby Woodward, was approved by the Forsyth County Department of Social Services (DSS) to adopt three
children whose mother has a terminal illness. Forsyth County DSS also wanted Ms. Woodward to be licensed as a foster parent
prior to the final decree of adoption.
2. As the final foster parent application papers were being prepared, the Forsyth County DSS licensing worker became aware
that Ms. Woodward was 72 years old. Tlie worker had known Ms. Woodward for nine years in various community roles but was
not aware of her age.
3. The Respondent has promulgated an administrative rule, 10 N.C. A.C. 41F .0702 which allows the granting of new foster
home licenses only to persons from 21 to 65 years of age. However, 10 N.C. A.C. 41 A. 0007, allows the Respondent to waive this
age restriction upon a "showing that another way of meeting a rule maintains the health, safety, and well-being of individuals being
served at or above the level required by the rule".
4. Forsyth County DSS requested a waiver of the age requirement, which waiver was denied by the Respondent.
5. Respondent has granted waivers of the age requirement up to age 68 on a case by case basis.
6. Above age 68 no case specific analysis is undertaken and all waiver requests for new foster home licenses are denied.
7. Sherry Foster, foster home licensing consultant for the Respondent, testified that foster parenting is a very demanding job,
involving children who almost always have special needs and behavior problems, and that to begin this job after age 65 presents
many potential difficulties for the foster parent and the children.
12:17
NORTH CAROLINA REGISTER
March 2, 1998
1682
CONTESTED CASE DECISIONS
8. Older citizens are encouraged to become involved with foster children in other volunteer capacities, rather than as a full-
time caregiver.
9. Some waivers above age 65 have been granted, but the respondent believes age 68 is an appropriate cut off date after which
not to grant waivers for the age requirement for general foster home licenses.
10. With regard to Ms. Woodward's specific situation, the Respondent is concerned that the issuance of a general foster home
license would result in the placement of foster children in her home who may then well need to be moved when the three young
children Ms. Woodward will adopt come to live with her.
1 1 . Respondent believed that children in foster care need one stable foster home placement.
12. Respondent also believed that Ms. Woodward's uncertain situation with regard to when the three adoptive children will
come to live with her full-time is not conducive to stability for other foster children.
13. The Respondent would grant a waiver for Petitioner to become a foster parent for the three children she will adopt.
14. This would be for the time period between their full-time placement in Petitioner's home and the granting of the final
adoption decree.
15. Brigitte Lindsay, foster home licensing worker for Forsyth County DSS, testified that the present position of Forsyth
County DSS is to only to request a foster home licensing waiver for the three children Ms. Woodward will adopt when their mother
dies.
16. Petitioner desires to have a general foster home license to enable her to care for children other than the three she will adopt.
17. For 41 years she was employed as a registered pediatric nurse.
18. She is in good health and takes no medication.
19. She has raised two daughters and helped raise her six grandchildren.
20. She is active with youth in her church and her community.
21. She has served as a volunteer mentor, with the Winston Salem SCAN program, to seven or eight families whose children
were at risk of abuse or neglect.
22. She believes that her age is not an impediment to her providing good care to foster children in her home.
23. The court has had the opportunity to observe the Petitioner on two different occasions, which were a month or more apart.
24. Petitioner is a vibrant lady who exudes a lot of stamina.
25. Petitioner is very much involved in many community activities and organizations.
26. Petitioner is a trained professional who obviously loved her work as a Registered Pediatric Nurse and wants to continue
by being a mentor and nurturer for children who need care.
27. The court will take judicial notice of the fact that there is a glut of children in need of such loving care and attention.
28. It is better to know her kind of love, if, maybe, only for a little while, than not to have known it at all. The children are
bound to be the richer when considering the totality of the circumstances.
29. Respondent did not consider anything about Petitioner, but her age. The contention being that her age automatically
disqualified her.
30. From the Court's observation. Petitioner gets around as well if not better than a lot of 50 vear olds.
1683 NORTH CAROLINA REGISTER March 2, 1998 12:17
CONTESTED CASE DECISIONS
3 1 . The Forsyth County social worker who deals with Petitioner directly and who had observed Petitioner and knows her vigor
and stamina recommended a waiver of the age requirement. She had not done that in any other case. She was very surprised to
learn that Petitioner was 72 years old.
32. An interview with Petitioner would have given Respondent some basis for an opinion.
33. Respondent admits that Petitioner is an extraordinary person for her age.
CONCLUSIONS OF LAW
1. Respondent did not consider Petitioner's extraordinary good health or find any facts upon which to base its denial of
Petitioner's application.
2. Cases like Petitioner's are the basis for the waiver rule cited in Administrative Rule, 10 N.C.A.C. 41A .0007.
3. In that Respondent did not interview Petitioner in order to have a rational basis for its refusal to grant Petitioner's
application. Respondent's action was arbitrary, capricious, and erroneous.
RECOMMENDED DECISION
It is recommended that Respondent's decision to deny Petitioner's application for a general license to operate as a family
foster home be REVERSED by the final agency decision-maker. It is further recommended that the age requirement be waived
and Petitioner's family foster home license application be APPROVED.
NOTICE
The agency making the final decision in the contested case is required to give each party an opportunity to file exceptions
to this recommended decision and to present written arguments to those in the agency who will make the final decision. G.S. 150B-
36 (a).
The agency is required by G.S. 150B-36 tb) to serve a copy of the final decision on all parties and to furnish a copy to
the parties' attorney of record and to the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina
27611-7447.
The agency that will make the final decision in this contested case is the North Carolina Department of Human Resources.
This the 2nd day of February 1998.
Sammie Chess, Jr.
Administrative Law Judge
12:17 NORTH CAROLINA REGISTER March 2, 1998 1684
CONTESTED CASE DECISIONS
STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
97 OSP 0594
DEBORAH R. DIXON
Petitioner,
NORTH CAROLINA DEPARTMENT OF CORRECTIONS
Respondent.
RECOMMENDED DECISION
This matter came on for hearing on December 17, 1997 before Administrative Law Judge Dolores O. Smith, in Raleigh,
North Carolina.
APPEARANCES
Petitioner: Janet I Pueschel
Attorney at Law
P.O. 2725
Raleigh, North Carolina 27602-2725
Attorney for Petitioner
Respondent: Neil Dalton
Assistant Attorney General
N.C. Department of Justice
P.O. Box 629
Raleigh, North Carolina 27602-0629
Attorney for Respondent
ISSUE
Did Respondent have just cause to terminate Petitioner?
STATUTES AND RULES IN ISSUE
N. C. Gen. Stat. 126-35
Based upon careful consideration of the testimony and evidence presented at the hearing, the documents and exhibits
received into evidence, and the entire record in this proceeding, the undersigned makes the following:
FINDINGS OF FACT
1 . Petitioner was a Correctional Officer at the Johnston Correctional Center (Johnston Correctional) from May 10, 1995,
up to the time of her discharge on February 24, 1997.
2. Petitioner was a permanent State employee subject to the provisions of the State Personnel Act.
3. On August 20, 1996, Captain Q. Royal received information from a confidential informant who said that there would
be problems with an inmate named Timothy Richardson. Richardson had recently been transferred back to Johnston Correctional
from Scotland Correctional Center (Scotland Correctional) where he had been sent to be placed in disciplinary segregation.
4. The informant told Captain Royal that there would be trouble because Inmate Richardson and one of the female
Correctional Officers at Johnston Correctional were in love with each other.
1685
NORTH CAROLINA REGISTER
March 2, 1998
12:17
CONTESTED CASE DECISIONS
5. The informant also told Captain Royal that the female had been bringing contraband to Richardson and had bought him
a pair of tennis shoes when he was at Scotland Correctional.
6. The informant identified the Correctional Officer as Deborah Dixon, the Petitioner in this matter.
7. Captain Royal told Superintendent G. L. Woodard what he had learned and Superintendent Woodard called for an internal
investigation.
8. Captain Royal checked Timothy Richardson's field jacket at Scotland Correctional and discovered that on May 13, 1996,
he had completed an approved visitor's list which had as the first name on the list, "D. R. Dixon". The relationship on that form
was listed as "friend."
9. Captain Royal discovered that the Visitors' Log for Sunday, June 2, 1996 showed that Deborah Dixon had visited Timothy
Richardson. She had listed her relationship as "friend."
10. The Visitors Log also showed that on Sunday, June 23, 1996, Deborah Dixon had again visited Richardson and listed her
relationship as "friend."
11. The Visitors Log for Sunday, July 14'\ showed that Ms. Dixon had again visited Richardson.
12. On August 15. 1996. the Visitors Log showed that Ms. Dixon again visited Richardson and on this occasion she listed
her relationship as "cousin."
13. The Department of Corrections, Division of Prisons Policy provides that a Correctional Officer who finds that he or she
has a relationship with an inmate must report that relationship to his or her supervisors within 48 hours.
14. In Appendix C of the Department of Corrections Disciplinary Policy and Procedures, under examples of Personal
Misconduct, Example 20 states:
Failure to report known or possible undue familiarity of an employee with inmates ...
15. Petitioner had not reported her relationship with the inmate nor had she reported any of the four visits.
16. Petitioner was out sick at the time this matter was reported to Captain Royal, but she learned that the Superintendent was
looking in to her relationship with Richardson and she went in to talk with him.
17. Ms. Dixon told Superintendent Woodard that she had learned that Richardson was related to her during the time he was
at Johnston Correctional.
18. Petitioner told the Superintendent that she was interested in researching the genealogy of her family and when she learned
that the inmate may be related to her she was anxious to pursue the matter to learn more of her family's roots.
19. She testified, but it is not found as fact, that she knew that she could not communicate with Richardson while he was at
Johnston but when she later learned that Richardson had been sent to Scotland Correctional, she believed she could visit him with
impunity.
20. Ms. Dixon testified at the hearing, but it is not found as fact, that she asked a sergeant if it would be all right to visit an
inmate at another institution and the sergeant said that it was all right.
21. Ms. Dixon never told this to anyone prior to this hearing.
22. Timothy Richardson was interviewed and stated that he believed he was related to Officer Dixon through his mother's
family. He testified that he first met her at a family reunion held in Rocky Mount a few years ago. When he was asked to write
his statement down he said that he would not write anything against his people.
23. Superintendent Woodard asked Petitioner to provide information to substantiate the relationship she believed existed
between her family and Richardson's.
12:17 NORTH CAROLINA REGISTER March 2, 1998 1686
CONTESTED CASE DECISIONS
24. Petitioner did not do this.
25. Superintendent Woodard sent a memo to Petitioner again requesting that she provide that information before October
28, 1996.
26. Petitioner then provided Superintendent Woodard with nine names and eight addresses and phone numbers of people
who Petitioner alleged were related to both of them.
27. Captain Royal tried to reach those people but was unable to reach any of the people on the list
28. On October 31", Captain Royal spoke with Petitioner and told her that they had been unable to track down any of the
names on her list. He asked her for additional information as to how he might reach those people and Petitioner said the only one
on the list that she actually knew was Richardson's grandmother and she did not know how to contact her.
29. Petitioner testified that the names and numbers had been in her possession for several months.
30. Petitioner also testified that, up to the time she gave the names to Superintendent Woodard, she had not attempted to track
those people down.
31. Petitioner testified that Richardson's sister had come to Johnston County to visit him and had learned that he had been
transferred. Petitioner stated that Richardson's sister told her that Richardson had been transferred.
32. At her deposition, however. Petitioner said that Priscilla Rhodes, a cousin, had told her that Richardson had been
transferred.
33. Also, at the deposition. Petitioner stated that she learned of the existence of Priscilla Rhodes when she first visited
Richardson and he talked about Priscilla Rhodes.
34. Superintendent Woodard was unable to determine whether or not Petitioner was telling the truth about' her genealogical
research. However, since the policy requires that any relationship with an inmate be reported to Administration within 48 hours
and Petitioner had not done this, he determined that a discipline should be issued.
35. Superintendent Woodard determined that he would issue Petitioner a written warning which he wrote and sent to Area
Administrator Robert Parrott in accordance with DOP policy.
36. DOP policy provides that dismissals must be approved by DOP administration in Raleigh. DOP policy provides that
written warnings are not sent to Raleigh but are sent to the Area Administrator for review and approval.
37. Area Administrator Parrott gave permission for the written warning.
38. The written warning was issued on December 5, 1996 for personal misconduct for failure to report involvement with an
inmate.
39. Previously on August 30, 1995. Petitioner had received an oral warning for undue familiarity. That warning involved
an inmate drawing a picture of the Petitioner and giving it to her. The Petitioner then gave the inmate money to buy himself
something at the canteen.
40. Boyd Bennett is the Manager of the Geographic Command which includes Johnston County. Although he does not review
all written warnings, he happened to review this one.
41. On December 16, 1996, Mr. Benneu wrote to Frank Gunter. Assistant Director of Operations. In that letter Mr. Bennett
stated that he had reviewed a disciplinary package which had come in from Johnston County. It indicated that a written warning
had been issued for a correctional officer who had visited an inmate on four occasions. Mr. Bennett stated his concern that this
discipline was inappropriate and that other Correctional Officers had been fired for the same activity. Mr. Bennett requested that
.Mr. Gunter look into the matter.
42. Mr. Gunter requested that Bonnie Boyette the DOP Personnel Officer investigate.
1687 NORTH CAROLINA REGISTER March 2, 1998 12:17
CONTESTED CASE DECISIONS
43. Ms. Boyette determined that the level of discipline was inconsistent with previous disciplines and that it was usual
procedure to dismiss in incidents such as this.
44. Mr. Bennett then discussed the case with Area Administrator Parrott. Mr. Parrott informed Mr. Bennett that he had
approved the discipline of a written warning because the Superintendent had indicated that the Petitioner had been a good employee
and because he did not know that other Correctional Officers had been fired for this type of offense.
45. Mr. Bennett told Mr. Parrott that the written warning will be rescinded. He further told Mr. Parrott that the written
warning must be changed to a termination.
46. On December 31, 1996, Mr. Parrott wrote to Superintendent Woodard, directing him to proceed with the dismissal of
Correctional Officer Dixon.
47. Superintendent Woodard testified that he had never previously issued a warning for a visiting situation and didn't know
that the standard procedure was dismissal.
48. On January 10, 1997, Superintendent Woodard wrote to Ms. Dixon informing her that there would be a Predismissal
Conference held on Tuesday, January 14, 1997. Ms. Dixon requested an extension and the conference was rescheduled for January
21".
49. On January 21, 1997, the conference was held and Superintendent Woodard issued a letter recommending dismissal.
50. On February 24, 1997, the Department of Corrections approved the recommendation for dismissal and the Petitioner's
employment was in fact terminated for personal misconduct.
Based upon the above Findings of Fact, the undersigned determines the following:
CONCLUSIONS OF LAW
1. N. C. Gen. Stat. 126-35 provides that no career State employee may be discharged except for just cause. A just cause
dismissal may be for job performance or personal conduct.
The Respondent's personnel policy states that an employee must report any visit to an inmate and a relationship with an
inmate within 48 hours and classifies a Correctional Officer's undue familiarity and failure to report familiarity as a personal
conduct violation.
Petitioner visited the inmate on four occasions and did not report any of those visits.
Respondent had just cause to discipline the Petitioner.
2. The Respondent's policy provides that terminations at a county institution must be approved by DOP in Raleigh. Written
warnings are to be approved by the Area Administrator only.
In accordance with policy, the Superintendent routed the written warning to the Area Administrator. Since neither the
Superintendent nor the Area Administrator was aware that historically the DOC dismissed for undue familiarity or failure to report
familiarity with an inmate, the written warning was approved, sent back to the Superintendent and was issued.
When this disciplinary package was reviewed, the Administration realized the error. They attempted to correct it by
rescinding the written warning and sending the matter back to the Superintendent to proceed with a termination.
Both parties agree that there is no rule or policy which addresses the rescision of a grievance.
It is self-evident that discipline may be changed in the course of a grievance procedure. That change may be made either
because of reconsideration at the various steps in a grievance procedure, or because of new evidence which comes to light in the
course of that procedure, or it may be changed as a result of a settlement.
12:17 NORTH CAROLINA REGISTER March 2, 1998 1688
CONTESTED CASE DECISIONS
However, in this instance the decision to rescind the duly-issued warning was made by administrators who reviewed the
package not in the course of a grievance procedure.
An agency is obligated to follow its own rules and procedures. Respondent followed its own procedure when the
Superintendent sought and obtained the appropriate approval for a written warning and then issued that warning. Respondent,
however, did not follow its own procedure when it rescinded the warning which had been appropriately issued.
If an agency has delegated the authority to issue written warnings but still wishes to retain the authority to change a duly
issued warning upon a late review, it should attempt to provide a rule or written policy stating that disciplines can be changed for
a listed number of reasons and within a set amotmt of time. Without such a written policy or rule, a State employee is at the mercy
of changes even if that employee may have corrected their behavior.
3. The Respondent had no authority to rescind the written warning. Therefore, the Respondent did not have just cause for
the Predismissal Conference or the dismissal.
4. 25 NCAC IJ .0608(b) provides that dismissals for unacceptable personal conduct require that a Predismissal Conference
be held between the employee and the person recommending dismissal.
5. 25 NCAC IJ .0613(4) provides that the purpose of the PredismissaJ Conference shall be to review the recommendation
for dismissal with the affected employee and to listen to and to consider any information put forth by the employee.
6. 25 NCAC IJ .0613(4)(f) provides that following the conference management shall review and consider the response of
the employee and reach a decision on the proposed recommendation.
7. The directive to the Superintendent to proceed with a Predismissal Conference and termination therefore, was not made
by him but had been previously made by his supervisors.
8. 25 NCAC IB .0431 provides that reinstatement may be ordered only upon a finding of lack of substantive just cause or
discrimination.
9. Since the written warning was in effect, and there is no provision for recision, the Respondent did not have just cause to
dismiss Petitioner.
10. 25 NCAC IB .0421 provides that the Personnel Commission may award full or partial back pay.
11. Rule 25 NCAC IB .0414 provides that attorneys fees may be awarded where a grievant is reinstated.
RECOMMENDATION
That the Respondent reinstate Petitioner, and award her back pay and reasonable attorney's fees.
ORDER
It is hereby ordered that the agency serve a copy of the Final Decision on the Office of Administrative Hearings, P.O.
Drawer 27747, Raleigh, N.C. 2761 1-7447, in accordance with North General Statute 150B-36(b).
NOTICE
The agency making the Final Decision in this contested case is required to give each party an opportunity to file exceptions
to this recommended decision and to present written arguments to those in the agency who will make the final decision. G.S. 150B-
36(a).
The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to furnish a copy to the
parties' attorney on record and to the Office of Administrative Hearings.
The agency that will make the final decision in this contested case is the Nonh Carolina Office of State Personnel.
1689 NORTH CAROLINA REGISTER March 2, 1998 12:17
CONTESTED CASE DECISIONS
This the 29th day, of January, 1998.
Dolores O. Smith
Administrative Law Judge
12:17 NORTH CAROLINA REGISTER March 2, 1998 1690
NORTH CAROLISA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM
1 he North Carolina Administralive Code (NCAC) has four major subdivisions of rules. Two of these, titles and
chapters, are mandatory. Tlie major subdivision of the NCAC is the title. Each major department in the North
Carolina executive branch of government has been assigned a title number. Titles are fiirther broken down into
cfiapters which shall be numerical in order. The other tMo, subchapters and sections are optional subdivisions to
be used by agencies when appropriate.
TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVT CODE
TITLE
DEPARTMENT
LICENSING BOARDS
CHAPTER
1
Administration
Acupuncture
1
2
Agriculture
Architecture
2
3
Auditor
Auctioneers
4
4
Commerce
Barber Examiners
6
5
Correction
Cenified Public Accountant Examiners
8
6
Council of State
Chiropractic Examiners
10
7
Cultural Resources
General Contractors
12
8
Elections
Cosmetic Art Examiners
14
9
Governor
Dental Examiners
16
10
Human Resources
Dietetics/Nutrition
17
11
Insurance
Electrical Contractors
18
12
Justice
Electrolysis
19
13
Labor
Foresters
20
14A
Crime Control & Public Safet>'
Geologists
21
15A
Environment, Health, and Natural
Hearing Aid Dealers and Fitters
TT
Resources
Landscape Architects
26
16
Public Education
Landscape Contractors
28
17
Revenue
Marital and Family Therapy
31
18
Secretarv' ot Slate
Medical Examiners
32
19A
Transportation
Midwifery Joint Committee
33
20
Treasurer
Moruiary Science
34
*21
Occupational Licensing Boards
Nursing
36
-)T
Administrative Procedures
Nursing Home Administrators
37
23
Community Colleges
Occupational Therapists
38
24
Independent Agencies
Opticians
40
25
State Personnel
Optometry
42
26
Administrative Hearings
Osteopathic Examination & Reg. (Repealed)
44
27
NC State Bar
Pastoral Counselors. Fee-Based Practicing
45
Pharmacv
46
Physical Therapy Examiners
48
Plumbing. Heating & Fire Sprinkler Contractors
50
Podiatr_\ Examiners
52
Professional Counselors
53
Psychology Board
54
Professional Engineers & Land Surve\ors
56
Real Estate .Appraisal Board
57
Real Estate Commission
58
Refrigeration Examiners
60
Sanitarian Examiners
62
Social Work Certification
63
Soil Scientists
69
Speech & Language Pathologists & Audiologists
64
Substance Abuse Professionals
68
Therapeutic Recreation Certification
65
Veterinary .Medical Board
66
Note: Title 21 contains the chapters of the various occupational licensing boards.
1691
NORTH CAROLINA REGISTER
March 2, 1996
12:17
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BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1997
DESCRIPTTON
COD€
ANNUAL
SUBSCRIPTION PRKE
Tirie 1 - Dept of AdministroHon - Complete fiHe 201 00 00 1
Division of Purchase & Contract 20110 051
Federal Block Grant Funds 20110331
Trrie 2 - Dept. of Agriculture - Complete Tide 202 00 00 1
Food & Drug Protection Division 202 15 091
Structural Pest Control Committee 202 15 341
Agricultural Markets 202 15 431
Plant Industry 202 15 481
Animal Industry 202 15 521
Title 3 - Depf. of State Auditor • Complete fitie 203 00 00 1
Title 4 - Dept. of Commerce - Complete frtle 204 00 00 1
Alcoholic Beverage Control Commission 204 15 021
Banking Commission 204 15 031
Credit Union Division 204 15 061
Savings & Loan Division 204 15 091
Industrial CommissionAVorkers Compensation 204 15 101
Savings Institutions Division 204 15 161
Title 5 ■ Dept. of Corrections - Complete Title 205 00 001
Division of Prisons 205 15 021
Title 6 - Council of State ■ Complete Tiile 206 00 00 1
Title 7 - Dept. of Cultural Resources • Complete Title 207 00 001
Title 8 ■ State Board of Elections - Complete Title 208 00 00 1
Title 9 ■ Offices of ttie Governor & Lt. Governor - Complete Title 209 00 001
Title 1 - Dept. of Human Resources - Complete Tirie 2 1 00 00 1
Licensing of Health Facilities 210 20 101
Detention Facilities 210 20 201
Mental Health & Rehabilitation Services 210 20 301
Social Services 210 20 401
Children Services/Day Care 210 20 411
Services for the Aging 210 20 421
Services for the Blind 210 20 431
Services for the Deaf & Hard of Hearing 210 20 44 1
Employment Opportunities . 210 20 451
Title 1 1 - Dept. of Insurance - Complete Title 211 00 001
Insurance 211 10 011
Consumer Services 211 10 041
Fire & Rescue Services 21110051
Agent Services 211 10 061
Engineering & Building Codes 211 10 081
Title 1 2 - Dept. of Justice - Complete Tirie 2 1 2 00 00 1
Private Protective Services 212 10 071
Polic;^ & Sheriff's Education & Training Standards 212 10 091
NC Alarm Systems Licensing Board 212 10 111
Tirie 1 3 - Dept. of Labor - Complete Tirie 2 1 3 00 00 1
Mine & Quarry Safety 213 15 061
General Safety/OSHA 213 20 001
Wage & Hour Rules 213 15 121
Boiler & Pressure Vessel Safety 213 15 131
Apprenticeship & Training 213 15 141
Elevator 3i Amusement Device Safety 213 15 151
Tirie 14A - Dept. of Crime Control & Public Safety - Complete Trie 214 00 001
Alcohol Law Entorcement 214 00 081
Victims Compensation Fund 214 00 111
Trie ISA - Dept. of Environ., Health, & Not. Resources - Complete Tirie 215 00 001
Environmentjl Management 215 15 001
Air Quality 215 15 101
Water Quality 215 15 201
Land & Waste Management 215 15 301
Solid Waste Managcmeni 215 15 311
$90.00
S30.00
S25.00
$140.00
S35.00
$30.00
S30.00
$30.00
$30.00
$25.00
$125.00
$45.00
$45.00
$25.00
$25.00
$30.00
$35.00
$70.00
$35.00
$30.00
$60.00
$30.00
$45.00
$470.00
$95.00
S40.00
$110.00
$185.00
$55.00
$45.00
$40.00
$25,00
$45.00
$90.00
$80.00
$30.00
$25.00
$35.00
$30.00
$90.00
$30.00
$40.00
$30.00
$110.00
$25.00
$70.00
S25.00
$25.00
$25.00
$25.00
$45.00
$25.00
525,00
$395.00
S165.00
S90.00
S35.00
S85.00
550.00
DESCRIPTION
CODE
ANNUAL
SUBSCRIFHON PRICE
Underground Storage Tanks
Coastal Management. Fishing & Boating
Environmental Health
Radiation/Nuclear Waste
Sanitation
Public Health
Intoxilizer & Breathalizer
fttfe 1 6 - Depf. of Public Instruction - Complete Title
Elementary & Secondary Education
Title 17 - Department of Revenue • Complete Title
Taxes on Individuals
Taxes on Business
Sales & Use Tax Division
Motor Fuels Tax Division
Trie 1 8 - Secretary of State - CompleteTiHe
Securities Division
Trie 1 9A • Dept. of Transportation • Complete Trie
Division of Highways
Division of Motor Vehicles
Trie 20 - Dept. of riie State Treosurer • Complete TrHe
Trie 21 - Occupational Licensing Boards - Complete Tirie
Trie 22 • AdministrativB Procedures - Repeoled
Trie 23 - Community Colleges - Complete Trie
Trie 24 - Independent Agencies - Complete Trrie
Trie 25 • Office of State Personnel • CompleteTrie
Trie 26 ■ Office of Administrative Hearings - Complete Trie
Trie 27 - Norrii Carolina State Bar • Complete Trie
Norrii Carolina Administrative Code • Complete Code
(Add S85.00 Shipping and Handling)
CD-ROM Nortti Carolina Administrative Code
'updc.:ed .lu.Trrfri'v)
CD-ROM North Carolina Administrative Code
(When purchased with the Full Code in Print)
Master Index
Master Table of Contents
Binderis] nHed • (Meal Nanh Camlina Admimstram Coda"
215 15 321
215 15401
215 25 001
21525 101
215 25 201
2!5 25 301
21525311
21600 001
216 10061
21700 001
217 15 101
217 15 201
217 15271
217 15291
21800 001
218 10 060
21900 001
219 10021
219 10031
220 00 001
221 00 001
n/a
223 00 001
224 00 001
225 00 001
226 00 001
227 00 001
299 99 981
266 00 001
266 50 001
288 50 001
288 80 001
299 90 000
S30.00
S53.00
3150^00
$65.00
S60.00
S85.00
S25.00
S60.00
$30.00
$130.00
$40.00
$70.00
S45.00
S30.00
S60.00
$33.00
$90.00
$45,00
$45.00
$45.00
$230.00
S45.00
$40.00
$80.00
$35.00
$60.00
$850.00
S750.0O
$250.00
$475.00
$75.00
Sl6.00/each
MFmOD OF PAYMENT: U Check Encloseii
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Subtotal
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GRAND TOTAL
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